Santosh Kumar @ Luliya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3015 of 2022 Arising Out of PS. Case No.-27 Year-2020 Thana- ANGARGHAT District- Samastipur ====================================================== SANTOSH KUMAR @ LULIYA Son of Ram Bilash Rai Resident of Village - Birnama Tula, P.s.- Angarghat, Distt.- Samastipur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar No1 For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-05-2022 Heard both sides.

Petitioner seeks regular bail in connection with Angarghat PS Case No. 27 / 2020 registered for the offence under Sections 323 / 341 / 342 / 307 / 504 / 506 / 34 of the IPC.

As per the First Information Report petitioner along with two other accused persons entered into hotel of the informant and started teasing customers present therein and when the informant objected the other co-accused / Munna Yadav fired upon the informant but the bullet did not hit him and the petitioner was arrested on the spot.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case and he has not committed any offence in the manner alleged. He next submits that he had entered the hotel in order to have some snacks, in the meanwhile, scuffle took place between two other customers and the informant in which other accused persons fired upon him.

Patna High Court CR. MISC. No.3015 of 2022(2) dt.26-05-2022 2/2 There is no allegation against the petitioner that he fired upon the informant or was carrying any weapon along with him. The petitioner is in custody since 20th March 2020 and charge sheet has already been submitted.

Regard being had to the submissions made by the parties, taking into consideration the material available on record, the fact that petitioner was not having any fire arm or any weapon at the time when he was caught, there is no allegation that he fired upon the informant, the petitioner is in custody since 20.03.2020 and charge sheet has already been submitted, as such, I am inclined to grant regular bail to the petitioner.

Let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 20000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Distt. Judge - 5th, Samastipur in connection with S.Tr. No. 163 / 2020 arising out of Angarghat PS Case No. 27 / 2020.

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