Chhotu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35485 of 2021 Arising Out of PS. Case No.-83 Year-2020 Thana- KHAIRA District- Jamui ====================================================== CHHOTU KUMAR SON OF RAMDEO SINGH Resident of Village - Manpur, P.S.- Khaira, Dist.- Jamui.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pankaj Kumar Sinha, Adv.
For the Opposite Party/s :
Mr. Mohammad Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-01-2022 Heard Mr. Pankaj Kumar Sinha, learned counsel for the petitioner and Mr. Mohammad Arif, Additional Public Prosecutor for the State through video conferencing. Petitioner seeks regular bail in connection with Khaira PS Case No. 83/2020 registered for the offence punishable under Section 392/34 of the IPC.
The prosecution case, as per First Information Report, is that the informant was accosted by four unknown miscreants, who on the point of pistol, snatched mobile phones and cash of Rs. 5400/- and also snatched the motorcycle of the informant. The informant has further alleged that on seeing the miscreants, he will identify them.
Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case on the basis of
Patna High Court CR. MISC. No.35485 of 2021(2) dt.05-01-2022 2/3 confessional statement made by arrested co-accused persons, namely, Surendra Mandal and Manav Singh @ Nayan Singh, on whose identification, the motorcycle, in question, has been recovered from Ganga Lodge. He further submits that no incriminating material and/or looted article has been recovered from the possession of the petitioner.
Learned counsel next submits that petitioner is in custody since 17.12.2020 and charge-sheet has been submitted against him and as such, there is no likelihood that the petitioner will abscond and /or tamper with the evidences. It is also submitted that similarly situated co-accused, namely, Sonu Verma @ Sonu Kumar vide Cr. Misc. No. 33553/2021 has been granted bail by this Court.
Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that similarly situated co-accused has already been granted bail by this Court, petitioner is in custody since 17.12.2020 and charge-sheet has been submitted, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, CHHOTU KUMAR be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.35485 of 2021(2) dt.05-01-2022 3/3 satisfaction of learned Chief Judicial Magistrate, Jamui in connection with Khaira PS Case No. 83/2020.
(Anil Kumar Sinha, J) perwez U T