Chhotan Singh @ Ravishankar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58455 of 2023 Arising Out of PS. Case No.-35 Year-2022 Thana- PIPRAKOTHI District- East Champaran ====================================================== Chhotan Singh @ Ravishankar S/O Uma Shankar Singh R/O VillageYamunapur, P.S- Kalyanpur, Distt.- East Champaran. ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Priyanka Singh For the Opposite Party/s :
Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-12-2023 Heard learned counsel for the petitioner and learned APP for the state.
The instant application is renewed by the petitioner for regular bail which has been filed in connection with Piprakothi P.S. Case No. 35 of 2022 instituted for the offence u/s 324, 307/34 of the Indian Penal Code and Section 27 of Arms Act.
Earlier the application for regular bail of the petitioner was rejected by order dated 27.04.2023 passed in Cr. Misc. No. 4980 of 2023 with an observation to the learned Trial Court to expedite the trial.
Patna High Court CR. MISC. No.58455 of 2023(4) dt.15-12-2023 2/3 The prosecution case in nutshell is that informant's husband went to pond for fishing, in the meantime, two unknown miscreants shot him due to which he sustained gun shot injuries.
Learned counsel for the petitioner submits that during investigation, injured Nirala Kumar Pandey had supported the prosecution case. But, during trial of the case, a new fact has came in light when the injured Nirala Kumar Pandey was examined as P.W. 6. He has not whispered about the complicity of petitioner in his deposition before learned Trial Court. Learned counsel for the petitioner has brought on record the deposition of said Nirala Kumar Pandey by way of supplementary affidavit (Annexure I) in which he has deposed that petitioner has not shot him. Moreover, petitioner is languishing in judicial custody since 01.10.2022. A statement has been made in para 3 of the petition that petitioner has only one criminal antecedent apart from the present one.
Patna High Court CR. MISC. No.58455 of 2023(4) dt.15-12-2023 3/3 Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Piprakothi P.S. Case No. 35 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran, Motihari.
(Sunil Kumar Panwar, J) Nirajkrs/- U T