Chhotu Kumar @ Chhotu Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52732 of 2023 Arising Out of PS. Case No.-70 Year-2022 Thana- BALIYA District- Begusarai ====================================================== CHHOTU KUMAR @ CHHOTU CHOUDHARY SON OF LALAN CHOUDHARY @ LALAN KUMAR CHAUDHARY VILLAGE BHAGATPUR P S BALIA DISTRICT BEGUSARAI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Krishna Pd. Singh, Sr. Advocate :

Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr.Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-11-2023 1.

Heard the learned counsel for the petitioner and the learned APP for the State.

2.

The present petition is by way of second attempt at the behest of the petitioner for grant of regular bail in connection with Balia PS case no. 70 of 2022, registered under Sections 25(1-AA), 25(1-B)a, 26, 35 of Arms Act, inasmuch as earlier, the prayer of the petitioner for grant of bail was rejected by this Court vide order dated 23.12.2022, passed in Cr. Misc. no. 49138 of 2022.

3.

Learned Senior counsel for the petitioner submits that a report was called for from the learned court of Additional Sessions Judge-XIth, Begusarai, which has been received, in which it is stated that out of 06 charge-sheet witnesses, only one

Patna High Court CR. MISC. No.52732 of 2023(4) dt.24-11-2023 2/2 witness has been examined and five witnesses are yet to be examined. He further submits that the petitioner is in custody since 10.03.2022.

4.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the period of incarceration of the petitioner, I deem it fit and appropriate to admit the petitioner to the privilege of bail. 5.

Accordingly, the abovenamed petitioner is directed to be released on regular bail on furnishing bail bond of Rs. 20,000/- (Rs. Twenty thousand) with two sureties of the like amount each to the satisfaction of learned court of Additional Sessions Judge-XI, Begusarai in connection with Balia PS case no. 70 of 2022.

(Anil Kumar Sinha, J) rinkee/- U T