Santosh Singh @ Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5487 of 2022 Arising Out of PS. Case No.-133 Year-2021 Thana- PHENHARA District- East Champaran ====================================================== SANTOSH SINGH @ SANTOSH KUMAR Son of Mukesh Singh Resident of Village- Marpa Mohan,P.S.- Phenhara (Fenhara), District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar For the Opposite Party/s :

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-04-2022 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 307 and some other allied Sections of the Indian Penal Code.

As per the prosecution case, on 22.09.2021 while the informant was strolling and reached near the house of Mantu Singh this petitioner along with other FIR named accused persons assaulted the informant with iron rod and Lathi as a result of which his right hand was fractured and blood was oozing out from his left ear.

Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. There is general and omnibus allegation against this petitioner along with other FIR named accused persons. It is

Patna High Court CR. MISC. No.5487 of 2022(2) dt.05-04-2022 2/2 further submitted that FIR has been instituted after five days of the occurrence without any explanation for such delay although it is stated in the FIR that informant regained consciousness on the date of occurrence itself. Petitioner claims clean antecedent and is in custody since 15.11.2021 and investigation in this case is complete.

Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case and the period of custody of the petitioner, let the petitioner, above named, 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 Judicial Magistrate, 1st class, East Champaran, Motihari in connection with Phenhara PS case No.133/2021. (Prabhat Kumar Singh, J) BKS/- U T