Chhotu Kumar @ Suraj Kumar @ Chhotu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79201 of 2024 Arising Out of PS. Case No.-656 Year-2024 Thana- SAHARSA SADAR District- Saharsa ====================================================== Chhotu Kumar @ Suraj Kumar @ Chhotu Son of Late Vinod Sharma Resident of Batraha, Ward No. 34, PS- Saharsa, District -Saharsa ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Deepak Kumar, Advocate For the Opposite Party/s :
Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-01-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.
2. The petitioner seeks bail in connection with Saharsa P.S. Case No. 656 of 2024 instituted for the offences under Sections 341, 323, 504, 506, 385, 387, 307, 379, 34 of the Indian Penal Code.
3. Prosecution case, in short, is that the accused persons including the petitioner snatched the gold chain of the informant worth Rs. 35,000/-. It is alleged that accused persons also assaulted the informant by means of butt of three-nut causing head injuries. The accused persons also demanded Rs. 1 lakh as extortion from the informant.
4. Learned counsel for the petitioner submitted that the
Patna High Court CR. MISC. No.79201 of 2024(3) dt.17-01-2025 2/3 petitioner has falsely been implicated in the present case. Learned counsel further submitted that there is a delay of seven days in lodging the FIR without plausible explanation, which in itself, raises doubt over the prosecution story. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. Charge-sheet has been submitted in this case. The co-accused person has already been granted bail by this Court vide order dated 17.12.2024 passed in Cr. Misc. No. 86161 of 2024. It has been submitted on behalf of the petitioner that the petitioner is in custody since 07.08.2024 and has two criminal antecedents but he is on bail in both the cases.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, claim based on parity as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner 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 Court below/concerned Court in connection with Saharsa P.S. Case
Patna High Court CR. MISC. No.79201 of 2024(3) dt.17-01-2025 3/3 No. 656 of 2024.
(Rudra Prakash Mishra, J) Alok Verma/- U T