Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29936 of 2024 Arising Out of PS. Case No.-807 Year-2023 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Chhotu Kumar SON OF SHRI SATYANARAYAN BHAGAT Resident Of Village- PAHLEJA, PS- SONEPUR, DIST- SARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Awadhesh Kumar Mishra For the Opposite Party/s :

Mr.Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 31-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner seeks regular bail in connection with Hajipur Sadar P.S. Case No. 807 of 2023, dated 27.10.2023, registered under Sections 147, 148, 149, 323, 324, 307 and 354 of the Indian Penal Code and later on section 302 of the Indian Penal Code was added.

3.

As per the prosecution case, the petitioner and other co-accused persons are alleged to have been armed with deadly weapons and assaulted the informant and his son. The co-accused Pawan Kumar is alleged to have assaulted the informant's son Aakash Kumar with sword as a result his hand was cut. The petitioner is said to have given repeated rod blow to the informant.

Patna High Court CR. MISC. No.29936 of 2024(3) dt.31-07-2024 2/2 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. There is general and omnibus allegation against the petitioner. There is no specific overt act against the petitioner. The petitioner has one criminal antecedent and he is in bail in that case. The petitioner is in custody since 28.10.2023.

5.

Learned A.P.P. for the State and learned counsel for the informant have opposed the prayer for bail. 6.

Considering the facts and circumstances of the case and also period of custody, this bail application is allowed. 7.

Let the petitioner above named, be granted bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Hajipur, Vaishali in connection with Hajipur Sadar P.S. Case No. 807 of 2023, subject to the condition that the petitioner shall cooperate in the trial and shall be represented through his lawyer or himself.

(Sandeep Kumar, J) Ranjeet/- U T