Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85851 of 2023 Arising Out of PS. Case No.-96 Year-2023 Thana- PARBATTA District- Khagaria ====================================================== Chhotu Kumar Son of Niranjan Choudhary, Resident of Village- Dumaria Buzurg, P.S.- Parbatta, District- Khagaria.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar Choudhary, Advocate.

For the Opposite Party/s :

Mr. Aditya Narayan Singh No.1, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 15-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Parbatta P.S. Case No.96 of 2023, registered for the offences punishable under Sections 341, 325, 504, 506, 307, 34 of the Indian Penal Code and under Section 27 of the Arms Act.

3. As per the prosecution case, the petitioner alongwith other co-accused persons fired upon the informant with illegal weapons due to which informant's left temple got scratched and started bleeding.

4. Learned counsel for the petitioner submits that the allegation against the petitioner is general and the injury of informant is simple in nature. He further submits that the petitioner has been made accused in this case due to his criminal

Patna High Court CR. MISC. No.85851 of 2023(2) dt.15-01-2024 2/3 antecedents and village politics. He also submits that the informant during his restatement made specific allegation against the co-accused Suraj Kumar and there is allegation against the informant that he shot co-accused Suraj Kumar who died for which Parbatta P.S. Case No.205 of 2023 has been filed against the informant. Learned counsel submits that petitioner has six criminal antecedents in which he is on bail in all the cases and the charge sheet has already been submitted in this case and there is no chance of any tampering with the evidence or absconding the petitioner. Petitioner is in custody since 06.04.2023.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned SubDivisional Judicial Magistrate, Khagaria in connection with Parbatta P.S. Case No.96 of 2023, subject to the following conditions:- (i) Bailors should be local having sufficient immovable property within the jurisdiction of the Court

Patna High Court CR. MISC. No.85851 of 2023(2) dt.15-01-2024 3/3 concerned.

(ii) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court. (Sunil Dutta Mishra, J) Ritik/- U T