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Patna High CourtCR. MISC./7587/2025dismissed

Santosh Kumar @ Santosh Yadav v. The State Of Bihar

2025-02-14Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7587 of 2025 Arising Out of PS. Case No.-131 Year-2023 Thana- KATORIYA District- Banka ====================================================== Santosh Kumar @ Santosh Yadav S/O Nankaishar Yadav Resident of Kharikhat, P.O.- Mothabari, P.S.- Katoriya, Dist.- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Pandey For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-02-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in Katoriya P.S. Case No. 131 of 2023 registered for the offences punishable under Sections 341, 323, 307, 354, 504, 506, 34 of the Indian Penal Code.

3 As per the prosecution case, the petitioner along with other co-accused persons are said to have assaulted the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the injury report has not supported the prosecution case. The petitioner has

Patna High Court CR. MISC. No.7587 of 2025(2) dt.14-02-2025 2/2 no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State vehemently opposing the bail petition submitted that the specific overt act has been attributed against the petitioner and from perusal of the injury report it manifests that the injured person has received blow on temporal region and the injury is found grievous in nature.

6. Considering the facts and circumstances of case and the nature of the injury, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.

7. However, if the petitioner surrenders before the learned Court below within six weeks from today and seeks regular bail, the learned Court below would pass order on the same day in accordance with law without being prejudiced by this order, considering the fact that the petitioner has no criminal antecedent.

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