Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39337 of 2022 Arising Out of PS. Case No.-391 Year-2021 Thana- BANIAPUR District- Saran ====================================================== CHHOTU KUMAR Son of Bhagirath Ram R/O Village- Pojhiya/Deuria, P.S.- Kopa, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anjani Parashar For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 394 of the Indian Penal Code.

As per allegation in the FIR, informant is a vendor of ornaments and when he proceeded by his motorcycle for business, some unknown miscreants looted his ornaments worth Rs. Two lakh and on objection made by him, They assaulted him by means of butt of katta resulting into severe bleeding from his head.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He is not named in the FIR. Nothing looted material has been recovered

Patna High Court CR. MISC. No.39337 of 2022(3) dt.04-01-2023 2/2 from his possession. He was not put on TIP. Petitioner was arrested in Baniyapur P.S. Case No. 399 of 2021 and on the basis of confessional statement, his name has been dragged in the present case besides two other case. Petitioner is in custody since 28.01.2021.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Saran at Chapra in connection with Baniyapur P.S. Case No. 391 of 2021.

(Sunil Kumar Panwar, J) sushma/- U