Chhotu Kumar @ Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83796 of 2023 Arising Out of PS. Case No.-129 Year-2023 Thana- SAHAR District- Bhojpur ====================================================== Chhotu Kumar @ Raushan Kumar Son of Pramod Singh R/O VillageEkwari, P.S.- Sahar, in the District of Bhojpur, Ara, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 18-01-2024 Heard Mr. Sunil Kumar, learned counsel appearing on behalf of the petitioner and Mr. Rajesh Kumar, learned APP for the State.

2. Petitioner seeks pre-arrest bail in connection with Sahar P.S.Case No.129 of 2023, registered for the offences punishable under Sections 341, 323, 447, 307, 504 and 506/34 of the Indian Penal Code.

3. As per the allegation made in the FIR, the accused persons had assaulted the informant and his younger brother Deepak Kumar.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner and the victim are covillagers and there is land dispute. The alleged incident had

Patna High Court CR. MISC. No.83796 of 2023(2) dt.18-01-2024 2/3 taken place while he was in school and a certificate to that effect has been furnished by the Headmaster of the +2 school and the statement in this regard has been made in paragraph no.9 of the bail application. It is further submitted that the main allegation is against Pramod Singh, who had assaulted the victim Deepak Kumar.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Having considered the rival submissions made on behalf of the parties, as well as, the fact that no assault has been caused by the petitioner on any of the informant side, the petitioner is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Sahar P.S.Case No.129 of 2023, subject to conditions as laid down under Section 438(2) of the Cr.P.C.

7. The court below is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in

Patna High Court CR. MISC. No.83796 of 2023(2) dt.18-01-2024 3/3 paragraph No.3 of the bail application, this order will automatically lose its force.

(Purnendu Singh, J) chn/- U