Patna High CourtCR. MISC./78670/2023dismissed

Chhotu Kumar @ Chhotu Yadav v. The State Of Bihar

2023-12-01Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78670 of 2023 Arising Out of PS. Case No.-1272 Year-2021 Thana- AGAMKUAN District- Patna ====================================================== CHHOTU KUMAR @ CHHOTU YADAV S/O LATE LAL BABU YADAV @ LAL BABU YADAV R/O VILLAGE- KUMHARAR, GAWAL TOLI, P.SAGAMKUAN, DISTT.- PATNA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jay Ram Prasad, Advocate For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 01-12-2023 Heard the parties.

2. The petitioner is in custody in connection with S.Tr. No. 814 of 2023 (arising out of Agamkuan P.S. Case No. 1272 of 2021) for the offence under Sections 341, 323, 342, 307, 302, 386 and 34 of the Indian Penal Code lodged on 28.12.2021 by the informant, Srikant Kumar.

3. The prosecution story, in brief is that one Srikant Kumar gave an application before S.H.O. Agamkuan Police Station Patna on 28-12-2021 alleging therein that on 27/12/2021 at about 08:30 0' clock, the accused persons namely (1) Chhotu Kumar (2) Kallu Kumar (3) Kundan Kumar, (4) Anshu Kumar,

(5) Vishal Kumar and others 3-5 persons assaulted and forcibly dragged her maternal uncle and as also him in the Alto Car and

Patna High Court CR. MISC. No.78670 of 2023(2) dt.01-12-2023 2/2 beaten by Iron Rod, Chain Belt, Bat and alleging that his mama had taken Rs-15,000/- and wanted in return 1 lakh rupees with interest.

4. Thereafter, the informant called elder Mama namely Subodh Kumar through Mobile who came and gave these persons cash amount of Rs. 15,000/-. They also took one blank cheque in the name of Bittu Kumar and FZ motorcycle as mortgage.

5. Earlier the case of the petitioner was heard and rejected on 14.07.2023 in Cr. Misc. No. 39787 of 2023.

6. However, without waiting for the cooling of period, fresh application has been preferred.

7. There is no need to relook on the facts.

8. The petition stands dismissed.

9. The Trial Court is directed to expedite the trial and conclude the same preferably within a period of six months. (Rajiv Roy, J) Neha/- U T