Patna High CourtCR. MISC./50145/2024bail granted

Puttu Khan @ Putu Khan v. The State Of Bihar

2024-08-02Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50145 of 2024 Arising Out of PS. Case No.-569 Year-2023 Thana- CHHATAUNI District- East Champaran ====================================================== Puttu Khan @ Putu Khan Son Of Late Salim Khan @ Salman Khan Resident Of Village - Bhagwanpur, Zirat, P.S. - Chhatauni, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alka Singh, Advocate For the Opposite Party/s :

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Chhatauni P.S. Case No. 569 of 2023, instituted for the offences punishable under Sections 341, 323, 324, 307 & 34 of the Indian Penal Code.

3. The prosecution case, in short, is that, son of the informant was assaulted by means of knife by the accused persons including the petitioner.

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 possession of the petitioner. Learned counsel for the petitioner also submits that there is no specific allegation attributed to the petitioner. There is general and omnibus allegation levelled

Patna High Court CR. MISC. No.50145 of 2024(2) dt.02-08-2024 2/2 against the petitioner. Referring to the injury report, it is submitted that injuries sustained by the son of the informant are simple in nature. Cognizance has already been taken under Sections 341, 323, 324, 307, 504 & 34 of the Indian Penal Code. The petitioner is in custody since 23.11.2023 and has got no criminal antecedent. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted bail by this Court vide order dated 13.03.2024 passed in Cr. Misc. No. 16866 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, cognizance has been taken 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 below/concerned Court in connection with Chhatauni P.S. Case No. 569 of 2023.

(Rudra Prakash Mishra, J) Rajorshi/- U T