Patna High CourtCR. MISC./62342/2024bail granted

Chhotu Kumar v. The State Of Bihar

2024-09-18Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62342 of 2024 Arising Out of PS. Case No.-328 Year-2024 Thana- KANTI District- Muzaffarpur ====================================================== Chhotu Kumar son of Shiv Shankar Sah Resident of Village- Sadha Damber, Ps- Motipur, Dist- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raju Kumar For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-09-2024 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 Kanti P.S. Case No. 328 of 2024 dated 04.07.2024 registered for the offences punishable u/s 331(4), 305, 317(4), 317(5) of Bhartiya Nyay Sanhita, 2023.

3. The informant has alleged that his co-villager Dipu Kumar has committed theft of Rs. 3,000/- and one gold locket from his shop by lifting the wooden gate of his shop.

4. 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 him. Neither the petitioner is named in F.I.R. nor he has

Patna High Court CR. MISC. No.62342 of 2024(2) dt.18-09-2024 2/2 been put on T.I.P. Nothing incriminating has been recovered from his possession. The name of petitioner sprung up in this case on confessional statement of co-accused Dipu Kumar. Moreover, the petitioner is languishing in judicial custody since 05.07.2024. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

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, Muzaffarpur (West) in connection with Kanti P.S. Case No. 328 of 2024.

7. The application stands allowed.

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