Chhotu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30344 of 2019 Arising Out of PS. Case No.-172 Year-2018 Thana- BANKA District- Banka ====================================================== CHHOTU SINGH Son of Shiv Shankar Singh @Shankar Singh Resident of Village - Jogdiha, P.S. and District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Najmul Hodda For the Opposite Party/s :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 02-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 147, 148, 149, 341, 323, 307, 379, 337, 338, 384, 506, 504 of the Indian Penal Code registered in connection with Banka P.S. Case No. 172/2018.

3. It is submitted that the petitioner has been falsely implicated in the backdrop of dispute relates to raastha. The petitioner has not been named in the first part of the FIR alleging assault by five accused persons. In any event the injuries are simple in nature. The accusation of brick-batting by other accused persons including the petitioner is mere embellishment. Similarly situated co-accused persons Pintu Yadav @ Pinta Yadav and Shrawan Yadav have been granted anticipatory bail by this Court in Cr. Misc. No. 71805 of 2018. The petitioner claims clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned

Patna High Court CR. MISC. No.30344 of 2019(2) dt.02-08-2019 2/2 CJM, Banka, in connection with Banka P.S. Case No. 172/2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions:

i. That one of the bailors shall be a close relative of the petitioner. ii. That the petitioner shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

iv. The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/- U T