Chuha Singh @ Gaurav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86058 of 2023 Arising Out of PS. Case No.-328 Year-2017 Thana- BARBIGHA District- Sheikhpura ====================================================== Chuha Singh @ Gaurav Kumar S/o Ramswarath Singh R/o village-Khoja Gachhi, P.S-Barbigha, Distt.-Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 16-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Barbigha P.S. Case No. 328 of 2017 for the offences registered under Sections 147, 148, 149, 323, 341, 307, 427, 353, 337, 338 and 186 of the Indian Penal Code.

3. As per the prosecution case, on getting information that a child had died after being dashed by a tractor, the informant (P.S.I.) along with other police personnel reached at the place of occurrence where petitioner along with F.I.R. named accused persons pelted stone due to which informant and another police personnel sustained injury.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. It is alleged that petitioner is a member of the mob, except

Patna High Court CR. MISC. No.86058 of 2023(2) dt.16-01-2024 2/2 this there is no other material found against the petitioner. There is no specific role assigned against the petitioner. Petitioner has two criminal antecedents, in which he is on bail. Petitioner is in custody since 23.11.2023. It is further submitted that similarly situated co-accused persons, namely, Santu Kumar and Roushan Kumar have already been granted bail by co-ordinate Benches of this Court, vide order dated 11.12.2023 passed in Cr. Misc. No. 78708 of 2023 and order dated 16.10.2019 passed in Cr. Misc. No. 62554 of 2019 respectively.

5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.

6. Considering the submissions made on behalf of the parties, facts and circumstances of the case and period of custody, let the petitioner, named above, be enlarged on bail upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court where the case is pending in connection with Barbigha P.S. Case No. 328 of 2017. (Sunil Dutta Mishra, J) rakhi/- U T