Chhattu Singh @ Chhattu Kumar Singh @ Chhatu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44180 of 2023 Arising Out of PS. Case No.-66 Year-2022 Thana- TIKAPATTI District- Purnia ====================================================== Chhattu Singh @ Chhattu Kumar Singh @ Chhatu Singh ,S/O Sri Ramanand Mandal @ Foto Singh, R/O Village- Sapaha, Ps. Tikapatti, Dist. Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 04-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner, in the present case, is seeking prearrest bail in connection with Tikapatti P.S. Case No.66 of 2022 registered for the offences punishable under Sections 341, 323, 354, 307, 379 and 506/34 of the Indian Penal Code. The petitioner has got one criminal antecedent in which he is said to be on bail.

3. As per the prosecution story, the allegation against the petitioner is that he had assaulted the wife of the informant by iron rod on her head due to which she fell down and further the petitioner took out Rs.10,000/- from the pocket of the informant and also snatched a golden chain from the neck of the wife of the informant.

Patna High Court CR. MISC. No.44180 of 2023(2) dt.04-08-2023 2/3

4. Learned counsel for the petitioner submits that there is a case and counter case between the parties and the FIR has been lodged six days after the alleged occurrence without any explanation. Learned counsel submits that the allegation against the petitioner is only general and omnibus. It is submitted that the petitioner is posted as a constable at Asansol and the present dispute arose on the issue of cultivation of land.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Having regard to the submission that there is a case and counter case between the parties, the FIR has been lodged six days after the alleged occurrence without any explanation and the allegation against the petitioner is only general and omnibus and further that the petitioner is posted as a constable at Asansol and the present dispute arose on the issue of cultivation of land, this Court directs that in case of his arrest/surrender within a period of four weeks from today, let the petitioner above-named be enlarged on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Purnea in connection with Tikapatti P.S. Case No. 66 of 2022, subject to the conditions as laid down

Patna High Court CR. MISC. No.44180 of 2023(2) dt.04-08-2023 3/3 under Section 438(2) of the Cr.P.C.

7. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

8. This application stands allowed.

(Rajeev Ranjan Prasad, J) arvind/- U T