Patna High CourtCR. MISC./22429/2023bail granted

Chhotu Kumar v. The State Of Bihar

2023-05-23Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22429 of 2023 Arising Out of PS. Case No.-181 Year-2022 Thana- MOUZAHIDPUR District- Bhagalpur ====================================================== CHHOTU KUMAR, Son of Late Narayan Tanti, Resident of village-Chhoti Hasangunj, P.S.-Mojahidpur, Distt-Bhagalpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Swapnil Kumar Singh, Advocate For the Opposite Party/s :

Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Mojahidpur (Babbargunj) P.S. Case No. 181 of 2022 dated 30.05.2022 registered for the offences punishable u/s 394 of the Indian Penal Code. As per the prosecution case, three miscreants are alleged to have looted the informant's motorcycle, mobile and Rs.5000/- in cash.

Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.22429 of 2023(2) dt.23-05-2023 2/2 the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional statement of the co-accused. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 30.05.2022.

Learned A.P.P. for the State has vehemently opposed the prayer of bail petition of the petitioner. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bhagalpur in connection with Mojahidpur (Babbargunj) P.S. Case No. 181 of 2022.

The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T