Chhotu Yadav @ Santosh Kumar @ Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49705 of 2018 Arising Out of PS.Case No. -68 Year- 2018 Thana -KAHALGAON District- BHAGALPUR ====================================================== Chhotu Yadav @ Santosh Kumar @ Chhotu Kumar Son of Sanjai Yadav, resident of Village- Jagarpur, P.S. Parbatta, District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Indeshwari Prasad Mandal For the Opposite Party/s : Mr. Ashok Kumar Singh-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Kahalgaon P.S. Case No. 68 of 2018 registered under Sections 395 and 397 of the Indian Penal Code.

7-8 unknown miscreants are said to have descended at the shop of the petitioner and looted away Rs.11,000/- along with some documents and mobile on the point of pistol and knife assaulting the petitioner by knife and butt of the pistol. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. The petitioner has no concern with the said occurrence. He is not named in the F.I.R. He has been falsely implicated in the case at the instance of

Patna High Court Cr.Misc. No.49705 of 2018 (03) dt.20-09-2018 - 2 - the enemy. There is nothing on record indicating the complicity of the petitioner in the occurrence barring the confessional statement of Ramesh Kumar which has no evidentiary value in the eye of law. Though the petitioner along with other four accused persons including the Gaurav Kumar were got identified by the police by the informant in the hospital but it is not legally conducted T.I.P. Petitioner has no criminal antecedent and has been languishing in custody since 08.02.2018. Similarly situated co-accused, namely, Gaurav Jha @ Gaurav Kumar has been enlarged on bail by a coordinate bench of this court in Cr. Misc. No. 36923 of 2018 vide order dated 11.07.2018.

In the facts and circumstances of the case, the above named petitioner is directed to 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 learned Chief Judicial Magistrate, Bhagalpur in connection with Kahalgaon P.S. Case No. 68 of 2018.

(Prakash Chandra Jaiswal, J) Trivedi/- U T