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Patna High CourtCR. MISC./41375/2024bail granted

Chhotu Kumar v. The State Of Bihar

2024-06-19Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41375 of 2024 Arising Out of PS. Case No.-11 Year-2024 Thana- MITHANPURA District- Muzaffarpur ====================================================== Chhotu Kumar S/O Jawahar Ram R/O Village- Rambag Mai Asthan, P.SMithanpura, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Mithanpura P.S. Case No. 11 of 2024 instituted for the offence under Sections 341, 342, 387, 379, 506/34 of the Indian Penal Code.

3.

Prosecution case in short is that while the son of the informant was on his way, he was accosted with three miscreants, who on the point of pistol forced the son of the informant to transfer a sum of Rs. 23,000/- via UPI. It is further alleged that co-accused, Harsh Patel had snatched the keys of the motorcycle of the son of the informant and two days after the incidence, co-accused, Harsh Patel demanded ransom to the

Patna High Court CR. MISC. No.41375 of 2024(2) dt.19-06-2024 2/3 tune of Rs. 1,00,000/- and threatened to face dire consequences. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 05-03-2024. Petitioner bears two criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. It is submitted that there is no specific allegation attributed to the petitioner, rather allegation is general and omnibus. Specific allegation is against co-accused, Raja Kumar Mishra, Chottu Kumar and Harsh Patel. It is submitted that informant is not the eye witness of the instant case. It is lastly submitted that petitioner has no concern with the commission of the occurrence.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case and period of custody of the petitioner, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.41375 of 2024(2) dt.19-06-2024 3/3 Court below/concerned Court in connection with Mithanpura P.S. Case No. 11 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T