Chhotu @ Lala @ Ajeet Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45551 of 2022 Arising Out of PS. Case No.-226 Year-2022 Thana- HISUWA District- Nawada ====================================================== CHUNCHUN SINGH @ SANJEET KUMAR Son of Valmiki Singh Resident of - Belaru, P.S.- Hisua, District - Nawada.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 45552 of 2022 Arising Out of PS. Case No.-226 Year-2022 Thana- HISUWA District- Nawada ====================================================== CHHOTU @ LALA @ AJEET KUMAR Son of - Valmiki Singh Resident of Village - Belaru, P.S.- Hisua, District - Nawada. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 46295 of 2022 Arising Out of PS. Case No.-226 Year-2022 Thana- HISUWA District- Nawada ====================================================== GOLU KUMAR @ AMIT KUMAR Son of - Nityanand @ Nito Singh Resident of - Belaru, P.S.- Hisua, District - Nawada. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 45551 of 2022) For the Petitioner/s :
Mr.Kamlesh Kumar For the Opposite Party/s :
Mr.Brajendra Nath Pandey (In CRIMINAL MISCELLANEOUS No. 45552 of 2022) For the Petitioner/s :
Mr.Kamlesh Kumar For the Opposite Party/s :
Mr.Ashok Kumar Singh (In CRIMINAL MISCELLANEOUS No. 46295 of 2022) For the Petitioner/s :
Mr.Kamlesh Kumar For the Opposite Party/s :
Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN
Patna High Court CR. MISC. No.45551 of 2022(4) dt.12-12-2022 2/3 ORAL ORDER 12-12-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 337, 338, 307, 353, 504 34 of the Indian Penal Code.
Petitioners along with other co-accused persons are said to have released three illegally sand loaded tractors. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that there is no eye witness in the present case only on suspicion petitioners are made accused in this case. He further submits that petitioner is in service in Indian Army since 15 years and presently posted in the State of Jammu and Kashmir and seldom comes in the village and there is no any stigma against him in his service tenure. He submits that not the tractor is in the name of the petitioner nor mobile belongs to him even though the petitioner is not owner of the bike even seizure witnesses are police party. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application.
Learned APP for the State opposes the prayer for bail.
Patna High Court CR. MISC. No.45551 of 2022(4) dt.12-12-2022 3/3 Considering the facts and circumstances of the case and the fact that there is no eye witness in the present case only on suspicion petitioners are made accused in this case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Hisua P.S. Case No. 226 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) ajay/- U T