Chhotu Sahni @ Chhotu @ Chhamia @ Chhout Kumar Sahni @ Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63294 of 2023 Arising Out of PS. Case No.-454 Year-2019 Thana- TAJPUR District- Samastipur ====================================================== Chhotu Sahni @ Chhotu @ Chhamia @ Chhout Kumar Sahni @ Chhotu Kumar, Son of Bauye Lal, R/o Village- Gunai Basahi, Police Station- Tajpur, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Mohan, Advocate.

For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered under Sections 402, 399 and 120(B) of the Indian Penal Code and Sections 25(1-b)a and 26 of the Arms Act.

3. As per the allegation, the police party got a secret information that a group of miscreants are planning to loot the agent or manager of CSP situated at Harpur Bhindi. On said information, the police apprehended one accused, namely, Om Prakash Jha, while two other co-accused persons succeeded in fleeing away. It is further alleged that this petitioner was acting as a liner in the alleged occurrence.

4. It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.63294 of 2023(2) dt.10-10-2023 2/2 the petitioner is in custody since 11.07.2023. Charge-sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The name of the petitioner has transpired in the present case on the basis of confessional statement of co-accused, namely, Om Prakash Jha. There is no recovery of any incriminating article from the possession of the petitioner. Except for this, there is no other substantive evidence to suggest his implication in the present case.

5. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

6. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Tajpur P.S. Case No. 454 of 2019.

(Sudhir Singh, J) annu/- U T