Chhatish Singh @ Chhatish Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45864 of 2024 Arising Out of PS. Case No.-77 Year-2023 Thana- TIKAPATTI District- Purnia ====================================================== Chhatish Singh @ Chhatish Mandal Son Of Late Babu Lal Singh VillageDumari, P.S.- Tika Patti, Distt.- Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bijendra Kumar Singh, Advocate For the Opposite Party/s :
Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-08-2024 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.
2. The petitioner seeks bail in Tikapatti P.S. Case No. 77 of 2023, instituted for the offences punishable under Sections 341, 323, 504, 506, 307, 379 and 34 of the Indian Penal Code.
3. The prosecution case, in short, is that, co-accused persons including the petitioner has assaulted the informant and his family members by means of fire arms, lathi, iron rod due to which they sustained injuries.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious
Patna High Court CR. MISC. No.45864 of 2024(3) dt.02-08-2024 2/3 possession of the petitioner. Learned counsel for the petitioner also submits that there is delay of one day in lodging of the FIR. There is no specific allegation attributed to the petitioner. There is general and omnibus allegation levelled against the petitioner. So far as injury sustained by the informant and his brother is concerned, the same is simple in nature while the injury sustained by mother of the informant is in left finger of the hand which is not a vital part of the body and is grievous in nature. The petitioner is in custody since 12.04.2024 and has got one criminal antecedent in which he has been acquitted. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted bail by this Court vide order dated 27.06.2024 passed in Cr. Misc. No. 44746 of 2024.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, taking into account the period of custody undergone by the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court
Patna High Court CR. MISC. No.45864 of 2024(3) dt.02-08-2024 3/3 below/concerned Court in connection with Tikapatti P.S. Case No. 77 of 2023.
(Rudra Prakash Mishra, J) Rajorshi/- U T