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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22039 of 2023 Arising Out of PS. Case No.-619 Year-2022 Thana- BARHARA KOTHI District- Purnia ====================================================== Chhotu Poddar @ Chhotu Kumar Poddar Son of Ashoke Poddar Res of Vill.- Basudevpur, P.S.- Barhara, District - Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-07-2023 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 307, 386, 34 of the Indian Penal Code and section 27 of the Arms Act. As per the prosecution case, co-accused Chhotu Singh demanded extortion and fired upon Ashok Shah which hit his temple (Kanpatti).

It is submitted that petitioner has been falsely implicated in this case due to enmity and village politics. Specific accusation is against co-accused Chhotu Singh and there is no allegation against this petitioner. This case has been lodged on the basis of viral video which has got no legal value in the eye of law. No incriminating article has been recovered

Patna High Court CR. MISC. No.22039 of 2023(2) dt.06-07-2023 2/2 from possession of this petitioner. Petitioner claims clean antecedents.

Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnea in connection with Barhara P.S. Case No. 619 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T