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Patna High CourtCR. MISC./40918/2022bail granted

Chhotu Yadav @ Chhotu Kumar v. The State Of Bihar

2022-11-22Mr. Justice Shailendra Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40918 of 2022 Arising Out of PS. Case No.-346 Year-2021 Thana- CHANDAUTI District- Gaya ====================================================== Chhotu Yadav @ Chhotu Kumar Son of Raju Yadav Resident of village - Uda Bigha, P.S.- Chandauti, District - Gaya (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar No.2,Advocate For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 22-11-2022 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 learned APP for the State.

Petitioner seeks regular bail in connection with Chandauti P.S. Case No. 346 of 2021 registered for the offences punishable under Sections 147, 149, 307, 323, 325, 341, 379, 504 and 506 of the Indian Penal Code.

As per the prosecution, the informant has alleged that this petitioner along with other co-accused persons armed with lathi, rod, etc. came and brutally assaulted the informant's family members and also snatched some gold jewelleries. The main submissions advanced by learned counsel

Patna High Court CR. MISC. No.40918 of 2022(3) dt.22-11-2022 2/3 Mr. Manish Kumar No. 2, appearing for the petitioner are that the petitioner has clean antecedent and has been languishing in jail since 14.05.2022 and the entire family of the petitioner has been made accused in this case and against the petitioner there is no specific allegation.

Learned APP Mr.Uma Shankar Prasad Singh, appearing for the State has opposed the prayer for bail. Heard both the sides and perused the FIR, case diary and the order impugned. Though in this case two persons sustained injuries as discussed in the order impugned and some of the injuries of them have been found to be grievous in nature, however considering the facts that in the FIR there is no specific allegation against the petitioner and a dispute with regard to flowing of water in a drain is stated to be the genesis of the occurrence and the petitioner has clean antecedent and he has been languishing in jail since 14.05.2022 and as per the case diary the investigation has been completed against the petitioner, in the opinion of this Court the petitioner deserves to a lenient approach of this Court. Accordingly, let the petitioner be enlarged 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 Court concerned in connection with

Patna High Court CR. MISC. No.40918 of 2022(3) dt.22-11-2022 3/3 Chandauti P.S. Case No. 346 of 2021.

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