Patna High CourtCR. MISC./86938/2024bail granted

Chhotu Kumar @ Gyani Jail Singh v. The State Of Bihar

2025-01-18Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86938 of 2024 Arising Out of PS. Case No.-224 Year-2024 Thana- KHUSRUPUR District- Patna ====================================================== Chhotu Kumar @ Gyani Jail Singh S/o- Indradev @ Indradev Singh R/oBada hasanpur W.No-10, Khushrupur Ps-Khushrupur Dist- Patna ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Bhola Kumar, Adv.

For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-01-2025

1. Heard learned Counsel for the petitioner and learned APP for the State.

2. This application, for grant of anticipatory bail, arises out of Khushrupur P.S. Case No. 224 of 2024, disclosing offences under Sections 457 and 380 of Indian Penal Code.

3. On 04.06.2024, in the night, the petitioner alongwith other accused persons entered the house of the informant and snatched Rs. 16,000/-, golden chain and also tried to uproot the submersible water pump. They also snatched Jitiya from the informant's neck.

4. Learned counsel for the petitioner submits that the petitioner has no criminal antecedent. The petitioner has been made accused on the basis of concocted and fabricated story due to dispute regarding the land/passage between the petitioner and

Patna High Court CR. MISC. No.86938 of 2024(2) dt.18-01-2025 2/2 the informant. Informant is the next door neighbour of the petitioner and on 04.06.2024, some scuffle took place between the two parties regarding the passage. There is delay in lodging the FIR inasmuch as the occurrence as alleged took place on 04.06.2024 but the FIR has been lodged on 08.06.2024.

5. Regards being had to the submission advanced on behalf of the parties and taking into consideration that fact that both the parties are neighbours having dispute regarding passage and there is an unexplained delay in lodging the FIR, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let petitioner, Chhotu Kumar, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M.-1st Class, Patna City, Patna in connection with Khushrupur P.S. Case No. 224 of 2024, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) Suruchi/- U T