Chhotu Kumar @ Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1354 of 2023 Arising Out of PS. Case No.-145 Year-2022 Thana- BHAGWANPUR District- Begusarai ====================================================== Chhotu Kumar @ Rohit Kumar S/O Badri Singh Resident Of Village- Pali, P.S.- Teyay O.P.- Bhagwanpur, District- Begusarai. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Sabal Kumar Jha For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-03-2023 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 385, 387, 427/34 of the Indian Penal Code and Section 27 of Arms Act. Later on charge-sheet has been submitted under Sections 341, 323, 307, 386, 387, 427, 120(B)/34 of the Indian Penal Code and Section 27 of Arms Act.

The prosecution case in nutshell is that when he was at his house, petitioner along with other co-accused persons came at the house of informant and demanded

Patna High Court CR. MISC. No.1354 of 2023(2) dt.28-03-2023 2/3 extortion money of Rs. 1,00,000/- and threatened of dire consequences if not paid. It is further alleged that when the informant opposed, accused person fired upon the informant to which he narrowly escaped. Accused persons also damaged the four wheeler vehicle of the informant, parked in front of his house.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Both parties are co-villagers and due to political rivalry, name of petitioner has been falsely dragged in the present case. It is further submitted that the demand of extortion has not been executed. Moreover, the petitioner is languishing in judicial custody since 20.09.2022. 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.1354 of 2023(2) dt.28-03-2023 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 Bhagwanpur P.S. Case No. 145 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, Begusarai.

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