Chhotu Rai @ Chhotu Ray @ Shekhar Rai @ Shekhar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54868 of 2021 Arising Out of PS. Case No.-131 Year-2021 Thana- BIRPUR District- Supaul ====================================================== CHHOTU RAI @ CHHOTU RAY @ SHEKHAR RAI @ SHEKHAR KUMAR S/o Ramdev Ray Resident of Village- Kusahar, P.S.- Balua Bazar, District- Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rashmi Jha For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-01-2022 Heard learned counsel for the petitioner and the State. The matter has been taken up through video conferencing.

Petitioner seeks regular bail in a case registered for the offence punishable under Section 307 and some other ancillary Sections of the Indian Penal Code.

As per the prosecution case, this petitioner along with three other accused persons were forcibly assaulting Tausif @ Chand and when informant went to rescue, the accused persons assaulted him and looted his cash and mobile. It is further alleged that Kaamil, who was accompanying the informant, asked the accused persons to return the looted items of informant, they also assaulted him by means of axe on his head as a result of which he sustained injuries.

Patna High Court CR. MISC. No.54868 of 2021(3) dt.29-01-2022 2/2 Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. It is submitted that during the course of investigation, it has come in paragraphs 43, 44, 45 of case diary that it was coaccused, Chunnu Rai, who assaulted Kaamil with axe on his head. So far this petitioner is concerned there is general and omnibus allegation against him and no specific overt act has been alleged against this petitioner. Petitioner claims clean antecedent and is in custody since 23.04.2021 and investigation in this case is complete.

Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case and the period of custody of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-I, Birpur, Supaul in connection with Birpur (Balua Bazar) PS case No. 131/2021.

(Prabhat Kumar Singh, J) BKS/- U T