Patna High CourtCR. MISC./52921/2023bail granted

Chhuti Singh @ Chhutari Singh @ Chhotelal Singh v. The State Of Bihar

2023-08-24Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52921 of 2023 Arising Out of PS. Case No.-192 Year-2023 Thana- NAUGACHIA District- Bhagalpur ====================================================== CHHUTI SINGH @ CHHUTARI SINGH @ CHHOTELAL SINGH son of Late Dukhan Singh Village- Shripur @ Srhipur Ps- Naugachia DistBhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kamlesh Kumar Pathak For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-08-2023

1. Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Naugachia P.S. Case No. 192 of 2023 dated 12.6.2023 registered for the offences punishable u/s 147, 447, 341, 323, 307 and 506 of the Indian Penal Code.

4. As per the prosecution case, the petitioner and the co-accused persons holding lethal weapons came and forbade for construction. On being objected, they assaulted the

Patna High Court CR. MISC. No.52921 of 2023(2) dt.24-08-2023 2/3 informant's wife and his son with lathi and danda and golden chain was snatched by the co-accused, Dhiraj Kumar.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Nothing incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel has further submitted that Niraj Kumar sustained abrasion on the forehead and Meena Devi has no visible external injury. There is case and counter case between the parties. The petitioner's side has also sustained injuries. The injuries sustained by the prosecution's side are simple in nature. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 13.6.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Naugachia in connection with Naugachia P.S. Case

Patna High Court CR. MISC. No.52921 of 2023(2) dt.24-08-2023 3/3 No. 192 of 2023.

8. The application stands allowed.

(Chandra Prakash Singh, J) Ajay Singh/- U T