Md. Chhote @ Md. Chootu @ Md. Chhoti v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52963 of 2024 Arising Out of PS. Case No.-311 Year-2023 Thana- JOGAPATTI District- West Champaran ====================================================== Md. Chhote @ Md. Chootu @ Md. Chhoti S/o Hasan Jad @ Mastan Shahjahan @ Gumbasta R/o Village - Bherihari, P.S. - Purushottampur, District west Champaran ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Brij Kishor Mishra For the Opposite Party/s :
Mr. Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-07-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 412, 413, 414, 420, 467, 468, 471/34 of the Indian Penal Code and Sections 25(1-b)a, 26, 35 of Arms Act.
3. Prosecution case relates to recovery of one motorcycle and one country made pistol along with a live cartridge from possession of this petitioner.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case on the disclosure of coaccused Raja Kumar and Sandesh Sah. The petitioner has no
Patna High Court CR. MISC. No.52963 of 2024(2) dt.20-07-2024 2/2 concern with the alleged recovery of incriminating articles. Other co-accused Nanhak Kumar has already been enlarged on bail by this Court vide order dated 9.10.2023 passed in Cr. Misc. No. 63001 of 2023. It is further submitted that the petitioner is languishing in judicial custody since 12.7.2023.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Yogapatti P.S. Case No. 311 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran. (Sunil Kumar Panwar, J) amandeep/- U T