Chhotu Thakur @ Chhotu Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19313 of 2023 Arising Out of PS. Case No.-44 Year-2023 Thana- MADHEPURA District- Madhepura ====================================================== CHHOTU THAKUR @ CHHOTU KUMAR THAKUR S/O MAHENDRA THAKUR R/O VILLAGE/MOHALLA- LAXMIPUR, WARD NO. 16, MADHEPURA, P.S- MADHEPURA, DISTT.- MADHEPURA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Dr. Sanjay Kumar Singh, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-05-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Madhepura P.S. Case no. 44 of 2023 registered under sections 307, 341, 323, 324, 379, 504, 506 and 34 of the Indian Penal Code.

3. As per the prosecution case, over a dispute relating to opening of a shop it is stated that on the orders of co-accused Sonu this petitioner gave a blow with a knife (Astoora) causing injuries on the neck of the son of the informant.

4. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case over a trivial dispute between the members of the family relating to

Patna High Court CR. MISC. No.19313 of 2023(2) dt.16-05-2023 2/2 opening of a shop. The injury attributable to the petitioner, although false, has been found by the Medical Officer to be simple in nature. The petitioner is in custody since 14.1.2023, he has no criminal antecedent and charge sheet has been submitted in the case.

5. Heard learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation in the FIR wherein the petitioner is said to have given a 'Astoora' (shaving knife) blow on the neck of the son of the informant namely Monu Kumar and it further transpires from the order of the learned Trial Court rejecting the application for bail of the petitioner that the doctor found sharp cut injury just above of the neck over chin of injured Monu Kumar measuring 4 cm x 2 cm x 1 cm caused by sharp-edged Astoora, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

7. Liberty is granted to the petitioner to renew his prayer for bail after six months.

(Partha Sarthy, J) Prakash/- U