Chhotu Singh @ Malinga v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4422 of 2023 Arising Out of PS. Case No.-23 Year-2022 Thana- BARHAT District- Jamui ====================================================== Chhotu Singh @ Malinga Son Of Dhobi Singh Resident Of Village- Parsa, P.S.- Khaira, District- Jamui ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Satya Prakash Parasar For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 399, 402 of the Indian Penal Code and Sections 25(1-b)A, 26, 35 of Arms Act.

The prosecution case in nutshell is that informant, being a police official, received information that criminals are assembled and they are preparing for commission of offence. It is further alleged that informant along with other police personnel arrived and

Patna High Court CR. MISC. No.4422 of 2023(2) dt.06-04-2023 2/3 on search, some fire arms, country made pistol and some cash have been recovered from the possession of co-accused persons. Petitioner is alleged to fled away from the spot.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Neither the petitioner was apprehended on spot nor he has been put on T.I.P. Nothing incriminating has been recovered from conscious possession of the petitioner. The name of petitioner sprang up in this case on the confessional statement of apprehended co-accused persons. Moreover, the petitioner is languishing in judicial custody since 5.8.2022.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody,

Patna High Court CR. MISC. No.4422 of 2023(2) dt.06-04-2023 3/3 this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Barhat P.S. Case No. 23 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Jamui.

(Sunil Kumar Panwar, J) nirajkrs/- U T