Chhotu Singh @ Chotu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15522 of 2024 Arising Out of PS. Case No.-104 Year-2022 Thana- KHAIRA District- Jamui ====================================================== Chhotu Singh @ Chotu S/O- Ramdev Singh R/O- Village- Bela Manpur, P.S.- Khatra, Dist.- Jamui.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Pankaj Kumar Sinha, Advocate For the State :

Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Khaira P.S. Case No. 104 of 2022 instituted for the offence under Sections 395 & 412 of the Indian Penal Code.

3.

As per the prosecution case, allegation against the petitioner is to commit dacoity along with co-accused persons and while committing so taken away Rs. 2,00,000/- from the informant.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 16-04-2023. Petitioner bears four criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

Patna High Court CR. MISC. No.15522 of 2024(2) dt.12-03-2024 2/2 5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Name of the petitioner has transpired on the basis of confessional statement of co-accused, namely, Sumant Kumar Pandey, and the same has no evidentiary value. Other coaccused have been granted bail by a Co-ordinate Bench of this Court, vide orders dated 23-02-2023 & 28-03-2023, passed in Cr. Misc. No. 66789 of 2022 & Cr. Misc. No. 1912 of 2023, respectively. Petitioner was not put on the T.I. Parade. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Khaira P.S. Case No. 104 of 2022.

(Rudra Prakash Mishra, J) Raj Kishore/- U T