Sumant Kumar @ Chote v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72893 of 2022 Arising Out of PS. Case No.-145 Year-2022 Thana- BHAGWANPUR District- Begusarai ====================================================== SUMANT KUMAR @ CHOTE S/o Jagarnath Singh R/v- Pali, P.S.- Bhagwanpur, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 04-05-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner seeks regular bail in connection with Bhagwanpur(Tiyay) P.S. Case No. 145 of 2022, dated 07.08.2022 registered for the offences punishable under Sections 385, 387, 427/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The main submissions advanced by petitioner's counsel are that the petitioner has been languishing in jail since 08.08.2022, as per allegation levelled in the FIR he and coaccused persons came at the house of the informant on three motorcycles and made an extortion demand from the informant and when the informant denied to fulfill their demand then the petitioner allegedly fired at him but in the alleged firing, no one sustained injury and against the petitioner, investigation has

Patna High Court CR. MISC. No.72893 of 2022(3) dt.04-05-2023 2/2 been completed and one co-accused Chhotu Kumar @ Rohit Kumar, who was allegedly with this petitioner at the time of commission of the alleged occurrence, has been granted bail by a co-ordinate Bench of this Court vide order passed in Cr. Misc. No. 1354 of 2023 and in the present matter a good relation has established in between both the parties.

4. Learned APP appearing for the State has opposed the prayer for bail.

5. Considering the above submissions and mainly completion of investigation against the petitioner and his custody period and the privilege of bail having been granted to similarly situated co-accused person mentioned-above and also the fact that in the firing allegedly committed by this petitioner, no one sustained injury, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Bhagwanpur(Tiyay) P.S. Case No. 145 of 2022.

(Shailendra Singh, J.) maynaz/- U T