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Patna High CourtCR. MISC./46408/2023bail granted

Chhotu Singh @ Thakur Rajvir Singh @ Rajiv Singh v. The State Of Bihar

2023-08-02Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46408 of 2023 Arising Out of PS. Case No.-619 Year-2022 Thana- BARHARA KOTHI District- Purnia ====================================================== Chhotu Singh @ Thakur Rajvir Singh @ Rajiv Singh Son Of Ravindra Singh @ Ravi Singh @ Ravindra Kumar Singh Resident Of Village - Balutol, P.S. - Barhara, Dist.- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saket Tiwary, Advocate For the Opposite Party/s :

Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-08-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

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

3. The petitioner has preferred this application for grant of regular bail in connection with Barhara P.S. Case No. 619 of 2022 dated 27.12.2022 registered for the offences u/ss 307 and 386 read with section 34 of the Indian Penal Code and 27 of the Arms Act.

4. As per the prosecution case, the petitioner along with the co-accused persons is alleged to have fired on the temple of one Ashok Kumar due to non-payment of extortion

Patna High Court CR. MISC. No.46408 of 2023(2) dt.02-08-2023 2/3 money.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is no eyewitness of the alleged occurrence. The petitioner has five other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 03.01.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Purnea in connection with Barhara P.S. Case No. 619 of 2022, with conditions:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to cancelled. (ii). If the petitioner is found involved in similar nature of offence in future, the prosecution will be at liberty to move for cancellation of his bail bond.

Patna High Court CR. MISC. No.46408 of 2023(2) dt.02-08-2023 3/3

8. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T