Santosh Kumar Yadav @ Santosh Yadav @ Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7550 of 2023 Arising Out of PS. Case No.-174 Year-2021 Thana- BAHERI District- Darbhanga ====================================================== Santosh Kumar Yadav @ Santosh Yadav @ Santosh Kumar S/O Jiwachh Yadav R/O Village- Amta, P.S.- Baheri, Distt- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aprajita For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-04-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 325, 34 of the Indian Penal Code.

Petitioner is said to have assaulted the informant by means of Farsa on his head as a result of which he received injury.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that earlier the FIR was lodged against the petitioner under Sections 341, 323, 325, 34 of the Indian Penal Code in which he has been granted bail by the learned court below itself. He submits that later on charge-sheen has been

Patna High Court CR. MISC. No.7550 of 2023(2) dt.13-04-2023 2/2 submitted under Sections 341, 323, 307, 504, 506/34 against the petitioner. Hence, this application. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

Learned APP for the State and learned counsel for the informant oppose the prayer for bail and submit that the anticipatory bail application is not maintainable in view of the law laid down in the case of Mahindra Prasad Vs.The State of Bihar reported in 2004 (3) PLJR 491.

Considering the facts and circumstances of the case, this application is dismissed as not maintainable. However, if the petitioner surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the same shall be considered by the learned court below on the same day without being prejudiced by this order.

(Anjani Kumar Sharan, J) devendra/- U T