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Patna High CourtCR. MISC./38964/2023bail rejected

Chhotu Kumar Singh @ Dutta @ Chhotu Kumar v. The State Of Bihar

2023-07-07Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38964 of 2023 Arising Out of PS. Case No.-39 Year-2022 Thana- DARBHANGA District- Darbhanga ====================================================== Chhotu Kumar Singh @ Dutta @ Chhotu Kumar Son of Ghanshyam Singh, Resident of Village - Imambari, P.S. - Laheriasarai, Distt. - Darbhanga. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Baidya Nath Prasad, Adv.

For the Opposite Party/s :

Mr. Pranav Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-07-2023 Let the defect(s), if any, be removed within two weeks from today.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner seeks regular bail in connection with Darbhanga Town P.S. Case No. 39 of 2022, lodged under Sections 147, 149, 285, 288, 307, 323, 325, 327, 341, 354 & 436 of the Indian Penal Code but later on Section 302 of Indian Penal Code has been added.

4. As per prosecution case, the F.I.R. has been lodged against one known and forty unknown accused persons against whom the allegation is that they have surrounded the house of informant and started abusing and assaulting with a view to demolish the house of the informant.

5. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.38964 of 2023(2) dt.07-07-2023 2/2 name of petitioner has not given in the F.I.R. rather his name has come in this case by virtue of confessional statement of coaccused and there is nothing specific against the petitioner. He further submits that series of persons whose names have figured in this case have been granted bail by the Co-ordinate Bench of this Court which is annexed as Annexure-2 series. Learned counsel for the petitioner further submits that petitioner is in custody since 14.02.2022. By virtue of supplementary affidavit learned counsel submits that there are four criminal antecedents against the petitioner.

6. Learned counsel for the State opposes the prayer for bail.

7. In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner at present. Accordingly, the bail application of petitioner is hereby rejected.

8. Liberty is hereby granted to the petitioner that he may renew his prayer for bail after framing of charge. (Dr. Anshuman, J.) ravishankar/- U T