Chhotu Sah @ Chhotu Saw v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58770 of 2024 Arising Out of PS. Case No.-83 Year-2023 Thana- NAYA RAM NAGAR District- Munger ====================================================== CHHOTU SAH @ CHHOTU SAW SON OF LATE SURESH SAW @ SURESH PRASAD SAW RESIDENT OF VILLAGE -SINGHIA, P.S. - NAYARAM NAGAR, DISTRICT - MUNGER ... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Avinash For the Opposite Party/s :
Mr. Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-09-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Nayaram Nagar (Safiasarai) P.S. Case No. 83 of 2023, S. Tr. No. 274 of 2023 dated 04.04.2023 registered for the offences punishable u/ss 387, 302 read with section 34 of the Indian Penal Code and 27 of the Arms Act.
3. As per the prosecution case, the petitioner and the co-accused person are alleged to have taken the informant's son away and the co-accused Rupesh Yadav fired on the head of the informant's son Suman Kumar due to that he died. It is further
Patna High Court CR. MISC. No.58770 of 2024(2) dt.04-09-2024 2/3 alleged that earlier, the accused persons demanded Rs. 1,00,000/- as Rangdari and threatened if he would not give the same, they would kill him.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The specific allegation of firing is against the coaccused Rupesh Yadav. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 04.01.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. 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, Munger in connection with Nayaram Nagar (Safiasarai) P.S. Case No. 83 of 2023, S. Tr. No. 274 of 2023, with the following condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable
Patna High Court CR. MISC. No.58770 of 2024(2) dt.04-09-2024 3/3 cause, the bail bond of the petitioner is liable to cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T