Chhaliya Kumar @ Chhaila Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34649 of 2023 Arising Out of PS. Case No.-286 Year-2022 Thana- MUNGER MUFFASIL District- Munger ====================================================== Chhaliya Kumar @ Chhaila Kumar Son Of Dharveer Mahto R/O VillageAadarsh Gram Tikarampur, P.S.- Muffassil, District- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Singh For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-10-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 341, 323, 307, 504, 506/34 of the Indian Penal Code and Section 27 of the Arms Act.

It is alleged by the informant that on order of co-accused Dharamveer Mahto, this petitioner shot at the informant which hit on the left side of the abdomen of the informant.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely

Patna High Court CR. MISC. No.34649 of 2023(5) dt.11-10-2023 2/3 been implicated in this case. It is further submitted that petitioner and informant's side were on inimical term from before and in the spur of the moment, the occurrence took place. The injury report of the injured also does not corroborate with the prosecution version as the injured received entry wound in left upper hypochondrium approx 6 cm with massive bleeding associated with distention of abdomen. The petitioner is languishing in custody since 17.10.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial

Patna High Court CR. MISC. No.34649 of 2023(5) dt.11-10-2023 3/3 Magistrate, Munger in connection with Muffasil P.S. Case No. 286 of 2022.

(Sunil Kumar Panwar, J) Shageer/- U T