Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12320 of 2023 Arising Out of PS. Case No.-861 Year-2021 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== Santosh Kumar Son Of Late Gopal Prasad Sinha R/O Mohalla- Khilanganj, P.S.- Sasaram, District- Rohtas At Sasaram ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Hari Sinha @ Hari Singh Son Of Late Lalji Sinha R/V- Malvar, Police Station- Shivsagar, District- Rohtas At Sasaram ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raghunandan Kumar Singh For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-04-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 406 of the Indian Penal Code.

As per complaint case, the petitioner who was the then employee of Block Shivsagar in collusion with other coaccused kept the Circle Officer in dark by giving false report for his personal gain and the co-accused grabbed the land of the complainant.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the petitioner never took a single farthing from the complainant and there is no direct or indirect allegation

Patna High Court CR. MISC. No.12320 of 2023(2) dt.27-04-2023 2/2 against the petitioner in the complaint petition. No offence under Section 406 of the IPC is made out against the petitioner at all. He submits that there is no specific allegation against the petitioner. He submits that the present complainant has filed a Mutation Appeal No. 97 of 2021 before the Deputy Collector Land Reforms, Sasaram against both sons of petitioner which is still pending. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Complaint Case No. 861 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) devendra/- U T