Chhathu Mushar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70905 of 2023 Arising Out of PS. Case No.-71 Year-2021 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== Chhathu Mushar S/O Late Nathuni Mushar R/O Village- Dumaraith, P.SBhabua, Distt.- Kaimur At Bhabua. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pawan Kumar Singh, Advocate For the Opposite Party/s :

Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 379, 504 and 506/34 of the Indian Penal Code and later added Sections 395, 411, 412 and 414 of the Indian Penal Code pending in the learned court below.

3. It is a case of taking away the sheeps by tying the shepherd.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that the petitioner is not named in the FIR. He submits that during the investigation one person was apprehended by the police who disclosed the name of the petitioner. He further submits that similarly situated other co-accused persons have

Patna High Court CR. MISC. No.70905 of 2023(2) dt.28-11-2023 2/2 already been granted bail by different Coordinate Benches of this Court vide order dated 14.12.2022 passed in Cr. Misc. No. 47031 of 2022 and vide order dated 05.04.2023 passed in Cr. Misc. No.36707 of 2022. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposes for prayer for bail.

6. Considering the aforesaid facts and circumstances and the fact that petitioner has got no criminal antecedent and similarly situated other co-accused persons have already been granted bail by different Coordinate Benches of this Court, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Chainpur P.S. Case No.71 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) ajay/- U T