Santosh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12065 of 2021 Arising Out of PS. Case No.-394 Year-2020 Thana- GOGRI District- Khagaria ====================================================== SANTOSH YADAV SON OF RAJENDRA YADAV R/o village- Dhankheta, P.S.- Gogari, District- Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Awadhesh Kumar, Adv.
For the Opposite Party/s :
Mr.Anil Kumar Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-12-2021 Heard the parties.
Learned counsel for the petitioner is directed to remove the defects as pointed out by the office within a period of four weeks. In the eventuality of non-removal of defects within the stipulated time, office will place the matter before the Bench.
The petitioner apprehends his arrest in a case in connection with Gogari P.S. Case No.394 of 2020, registered for the offence punishable under Sections 147, 148, 149, 337, 427, 506, 307, 120B, 188, 171F of the Indian Penal Code and section 27 of the Arms Act.
The crux of the prosecution case is that when the informant reached to the place of occurrence, he found one Sinku along with 15-20 persons were threatening the voters.
Patna High Court CR. MISC. No.12065 of 2021(3) dt.22-12-2021 2/3 On intervention of the informant, they fled away. Accused persons including the petitioner, also opened fire and damaged the vehicle.
It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to dirty politics. No such occurrence as alleged ever took place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. No one has sustained any injury in the said occurrence. Petitioner has no criminal antecedent and several similarly situated co-accused person has been enlarged on anticipatory bail by this court vide order dated 15.12.2021, passed in Cr. Misc. No.18049 of 2021 and vide order dated 14.12.2021 passed in Cr. Misc. No.11618 of 2021.
Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction
Patna High Court CR. MISC. No.12065 of 2021(3) dt.22-12-2021 3/3 of the learned court below where the case is pending/Successor Court in connection with Gogari P.S. Case No.394 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) pallavi/- U T