Chhotu Kumar Singh @ Dutta @ Chhotu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57653 of 2023 Arising Out of PS. Case No.-39 Year-2022 Thana- DARBHANGA District- Darbhanga ====================================================== Chhotu Kumar Singh @ Dutta @ Chhotu Kumar S/O Ganshyam Singh @ Ghanshyam Singh R/O Mohalla- Imambari, Ps. Lahariasarai, Distt. Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Baidya Nath Prasad, Advocate For the Opposite Party/s :
Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 06-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Darbhanga Town P.S. Case No. 39 of 2022 lodged under Sections 147/149/285/288/307/323/325/327/341/354/436 of the I.P.C. Later on offence under Section 302 of the Indian Penal Code was added.
3. Learned counsel for the petitioner submits that earlier prayer for bail of the petitioner was rejected vide order dated 07.07.2023 passed in Cr. Misc. No.38964 of 2023.
4. Learned counsel for the petitioner submits that at the time of rejection of the bail order liberty has been granted to the petitioner to renew the prayer after framing of the charges.
Patna High Court CR. MISC. No.57653 of 2023(2) dt.06-10-2023 2/3 Counsel for the petitioner submits that charges have been framed on 06.12.2022. Counsel for the petitioner further submits that similarly situated co-accused persons have been granted bail by different coordinate Benches of this Court.
5. Learned counsel for the State opposes the prayer for bail.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner, above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga, in connection with Darbhanga Town P.S. Case No.39/2022, subject to the following conditions: (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance;
Patna High Court CR. MISC. No.57653 of 2023(2) dt.06-10-2023 3/3 (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J) Mkr./- U T