Santosh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8383 of 2024 Arising Out of PS. Case No.-170 Year-2023 Thana- HAYAGHAT District- Darbhanga ====================================================== Santosh Ram Son of Manoj Ram Resident of Village-Ghosrama, Police Station-Hayaghat, District-Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 19-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Hayaghat P.S. Case No. 170 of 2023 dated 03.11.2023, instituted for the offence punishable under Sections 302 and 34 of the Indian Penal Code.

3. The prosecution case, in short, is that on 03.11.2023 at 05:00 am, the petitioner along with other co-accused persons entered into the house of the informant and dragged her husband to their Darwaja where the accused persons tied her husband namely, Sanjeet Sada with an electric pole and brutally assaulted him and co-accused Manoj Ram assaulted him by jumping on his chest due to which he received grievous injury and died on the way to hospital.

Patna High Court CR. MISC. No.8383 of 2024(3) dt.19-04-2024 2/3

4. Learned counsel for the petitioners submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that specific allegation of assault is against one co-accused namely, Manoj Ram. Learned counsel further submitted that the allegation against the petitioner is general and omnibus in nature. It is further stated that similarly situated persons namely, Sanju Kumari and Sheela Devi have been granted bail vide order dated 18.01.2024 passed by this Court in Criminal Miscellaneous No. 85998 of 2023. Lastly, it has been submitted that the petitioner has one criminal case against him.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Hayaghat P.S. Case No. 170 of 2023, they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-I, Darbhanga, subject to condition as laid down under Section 438(2) of the

Patna High Court CR. MISC. No.8383 of 2024(3) dt.19-04-2024 3/3 Cr.P.C.

(Khatim Reza, J) sankalp/- U T