Chhotu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83806 of 2023 Arising Out of PS. Case No.-472 Year-2023 Thana- DHANARUA District- Patna ====================================================== 1.
CHHOTU KUMAR SON OF DINANATH PRASAD @ DINANTH RAM RESIDENT OF RAILWAY QUARTER, JHOPADPATTI, NAIE HAWELI, DHANARUA, NADWAN, P.S. - DHANARUA, DISTRICT - PATNA 2.
NIRANJAN KUMAR @ LAMBU RAM SON OF DINANATH PRASAD @ DINANTH RAM RESIDENT OF RAILWAY QUARTER, JHOPADPATTI, NAIE HAWELI, DHANARUA, NADWAN, P.S. - DHANARUA, DISTRICT - PATNA ... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhirendra Prasad Sinha For the Opposite Party/s :
Mr. Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-03-2024 Heard learned counsel for the petitioners as well as learned counsel for the State.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 504, 379, 325 of the Indian Penal Code.
3. The allegation against the petitioners is that he along with other co-accused persons were firing upon few shopkeepers and were demanding extortion money by threatening them. When the police party reached there, they escaped from the spot. The police is said to have recovered
Patna High Court CR. MISC. No.83806 of 2023(3) dt.07-03-2024 2/3 empty cartridges from the spot.
4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to previous enmity. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no specific overt act against the petitioners. He further submits that petitioners along with their three brothers have been made accused in the present case. He further submits that there is no eye witness to the alleged occurrence. Petitioners have one criminal antecedent, which is also mentioned in para-3 of the bail application.
5. Learned APP for the State opposed the prayer for anticipatory bail by submitting that independent witnesses have supported the prosecution case.
6. Having regard to the facts and circumstances of the case as well as considering the nature of offence, I am not inclined to enlarge the petitioners on bail. The prayer for grant of anticipatory bail on their behalf is hereby rejected.
7. Accordingly, this application is dismissed.
8. However, if the petitioners surrender before the learned
Patna High Court CR. MISC. No.83806 of 2023(3) dt.07-03-2024 3/3 Court below within a period of six weeks from today and seek for regular bail, the learned Court below shall pass the order on the same day in accordance with law.
(Anjani Kumar Sharan, J) shikha/- U T