Patna High CourtCR. MISC./84251/2024bail rejected

Chhotu Kumar @ Chhotu @ Vikash Kumar v. The State Of Bihar

2024-12-11Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84251 of 2024 Arising Out of PS. Case No.-169 Year-2024 Thana- BEERPUR District- Begusarai ====================================================== Chhotu Kumar @ Chhotu @ Vikash Kumar S/o- Devendra Mahto VillageBirpur Purvi, Ward No. 7, P.S. Birpur, Dist. Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Kanhiya Kishor, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 11-12-2024 Heard the parties.

2. The petitioner is in judicial custody in connection with Birpur P.S. Case No. 169 of 2024 for the offence punishable under Sections 126(2), 308(2), 109, 117(2), 115(2), 3(5) of the B.N.S., 2023 and section 25(1-b) a of the Arms Act and section 37(c) of the of the Bihar Prohibition and Excise Act lodged on 27.08.2024 by the informant, Chunu Kumar.

3. As per the prosecution story, the informant alleged that after asking for extortion, upon objection, the assault took place and the allegation against this petitioner is of giving butt of the pistol blow on his nose causing injury. He lost his senses and fell down. There is allegation against the other accused persons. This led to the FIR.

4. Though learned counsel for the petitioner tried to

Patna High Court CR. MISC. No.84251 of 2024(2) dt.11-12-2024 2/2 impress upon this Court regarding his innocence, the learned Sessions Judge has recorded the injury found in the nostril of the victim to be grievous in nature.

5. Considering the said allegation as also the fact that the assault was made on the vital organ of the victim (nose) and the injury has been found to be grievous in nature, for the present, this Court does not deem it fit and proper to extend the relief.

6. The bail application stands rejected.

(Rajiv Roy, J) Ravi/- U T