Chintu Kumar @ Bhutta Kumar @ Pintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32418 of 2022 Arising Out of PS. Case No.-31 Year-2022 Thana- KHIJARSARAI District- Gaya ====================================================== Chintu Kumar @ Bhutta Kumar @ Pintu Kumar S/o Raj Kumar Ram R/o village- Mandai, P.S.- Khizarsarai, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Sharma, Advocate For the Opposite Party/s :

Mr. A.G, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 31-08-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in connection with Khizarsarai P.S. Case No.31 of 2022 registered for the offences under Sections 392 and 411 of the Indian Penal Code. As per the allegation, four accused persons including the petitioner stopped the informant when he was returning to his home and thereafter the accused persons snatched away mobile phone, ring and Rs.500/- cash from the possession and pocket of the informant by putting him in fear by showing knife and after that the informant raised an alarm and on hearing the

Patna High Court CR. MISC. No.32418 of 2022(2) dt.31-08-2022 2/3 informant's cry some persons gathered and caught hold of this petitioner and co-accused persons and from the possession of this petitioner a knife and looted amount of Rs.500 were recovered and from the possession of co-accused persons knives were recovered.

The main submissions advanced by the learned counsel Mr. Sanjay Kumar Sharma for the petitioner are that the petitioner has been languishing in jail since 22th January, 2022, against the petitioner there is no any specific allegation and he has been made accused due to village politics as petitioner and the informant are residents of nearby villages and the petitioner has got clean antecedent and similarly situated co-accused Jugeshwar Paswan from whose possession the looted money was recovered has been granted bail by a co-ordinate Bench of this Court vide order passed in Cr. Misc. No. 31141 of 2022. Learned APP Mr. A.G. appearing for the State has opposed the bail prayer.

In view of above submissions and considering the petitioner's custody period and his clean antecedent and mainly taking into account the privilege of bail having been granted to similarly situated co-accused by a co-ordinate Bench of this Court vide order passed in above-mentioned criminal

Patna High Court CR. MISC. No.32418 of 2022(2) dt.31-08-2022 3/3 miscellaneous case, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer, let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Khizarsarai P.S. Case No. 31 of 2022.

(Shailendra Singh, J.) sangam/- U T