Chhotu Singh @ Veer Amar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90122 of 2024 Arising Out of PS. Case No.-374 Year-2024 Thana- BAHERA District- Darbhanga ====================================================== Chhotu Singh @ Veer Amar Singh S/o- Late Prabhu Narayan Singh VillNandapatti P.S. Bahera Dist. Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kumar Praveen, Advocate For the Opposite Party/s :
Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 22-03-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. In this present case, the petitioner seeks bail in connection with Bahera P.S. Case No. 374 of 2024 registered for the offences under Sections 126(2), 115(2), 351(2), 352, 307, 308(5) and 3(5) of the B.N.S.
3. As per prosecution case, the petitioner stopped the taxi being run by the company of the informant and demanded extortion for running taxi service. The petitioner also snatched Rs. 5,000/- from the driver and threatened him. Prior to that 2025 persons of a taxi union came to the office of the informant and threatened him and the informant showed his suspicion that petitioner and the members of the taxi union were in cohort.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.90122 of 2024(3) dt.22-03-2025 2/3 petitioner submits that the petitioner is innocent and has been falsely implicated in this case. No offence as alleged has ever taken place. Driver of the informant did not lodge a report on the date of occurrence and the report was lodged by the informant after a day of the occurrence. It is not believable that the petitioner demanded extortion while disclosing his name and the driver of the informant belongs to the state of Jharkhand and there was no occasion for him to know the petitioner. Petitioner was not put to Test Identification Parade. Petitioner is having antecedent of four cases and in all the cases he is on bail. Petitioner is in custody since 13.10.2024 and charge-sheet has been submitted.
5. Learned A.P.P. opposes the submission made on behalf of the petitioner. Learned APP submits that the petitioner appears to be habitual offender and is having antecedent of serious nature of cases.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the vague nature of allegation against the petitioner and also considering the period of custody and submission of chargesheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten
Patna High Court CR. MISC. No.90122 of 2024(3) dt.22-03-2025 3/3 Thousand Only) with two sureties of the like amount each to the satisfaction of learned ACJM-I, Benipur, Darbhanga/concerned court in connection with Bahera P.S. Case No. 374 of 2024, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and other following conditions: (i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) balmukund/- U T