Chhotu Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30015 of 2020 Arising Out of PS. Case No.-30 Year-2020 Thana- BIHIA District- Bhojpur ====================================================== Chhotu Kumar Thakur S/o Chandra Shekhar Thakur Resident of VillageSaheb Tola Bihiya, Post Office and Police Station-Bihiya, District-Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Pramod Kr. Pandey,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3.

11-01-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in Bihiya P.S. Case No. 30 of 2020, registered for the offence punishable under Sections 448, 354, 307, 504/34 of the Indian Penal Code and Section 27 of the Arms Act.

As per the prosecution case, this petitioner alongwith co-accused Chandrashekhar Thakur and one unknown person forcibly entered into the house of the informant and this petitioner is alleged to have caused fire-arm injury on the left arm of the informant by country-made pistol.

It is submitted on behalf of petitioner that petitioner has been falsely implicated in this case due to village politics. In fact, no such occurrence has taken place. It is further submitted

Patna High Court CR. MISC. No.30015 of 2020(3) dt.11-01-2021 2/2 that though, there is allegation of causing fire arm injury on the informant, but no opinion has been given by the doctor about the nature and cause of injury, as the informant was referred to Ara Hospital for further treatment. The petitioner is in custody since 06-03-2020.

However, learned A.P.P. for the State vehemently opposed the bail application and submitted that there is specific allegation of firing against this petitioner upon informant, who is minor, causing injury on his left arm. It is further submitted that petitioner has got criminal antecedent also and he is accused in altogether eight cases.

Considering the aforesaid facts and circumstances as well as criminal antecedent of the petitioner, the bail application of petitioner stands dismissed.

(Prabhat Kumar Singh, J.) anay/- U T