Chhutaharu Singh @ Raj Nandan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24699 of 2023 Arising Out of PS. Case No.-430 Year-2022 Thana- LAKHISARAI District- Lakhisarai ====================================================== 1.
Chhutaharu Singh @ Raj Nandan Singh Son Of Late Dalpati Singh @ Rajeshwar Singh Resident Of Village - Jawash, P.S. - Barhiya, District - Lakhisarai 2.
Golu Kumar Son Of Anil Singh Resident Of Village - Shajadpur, P.S. - Barahiya, District - Lakhisarai ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rabi Bhushan For the Opposite Party/s :
Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-05-2023 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 324, 307, 427, 34 of the Indian Penal Code. The prosecution case as emerges from the FIR is that on 22.05.2022 at about 10:30 P.M. when the informant reached near Lakhisarai Toll Plaza, 4-5 persons came by two motorcycles and started giving fist blow on the glass of the car of the informant and saying that he had dashed the dog of the accused persons. Later on, they assaulted the
Patna High Court CR. MISC. No.24699 of 2023(2) dt.22-05-2023 2/3 informant and his brother-in-law by giving knife blow and fled away.
Learned counsel for the petitioners submit that the petitioners are innocent and have committed no offence. There is no eye witness of the alleged occurrence and merely on the basis of suspicion they have falsely been implicated in this case. The petitioners are not named in the FIR nor there is specific allegation of assaulting by knife blow attributed against the petitioners. Similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 16.02.2023 passed in Cr. Misc. No. 43409 of 2022. It is further submitted that the petitioners voluntarily surrendered before the Sub-ordinate Court on 15.11.2022 and since then they are languishing in judicial custody.
Learned APP appearing for the state has opposed the prayer of regular bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioners, this court is inclined to enlarge the petitioners on bail. The above named petitioners are
Patna High Court CR. MISC. No.24699 of 2023(2) dt.22-05-2023 3/3 directed to be released on bail in connection with Lakhisarai P.S. Case No. 430 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai.
(Sunil Kumar Panwar, J) Manishkumar/- U T