Santosh Kumar @ Ajit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18431 of 2015 Arising Out of PS.Case No. -41 Year- 2014 Thana -FATEHPUR District- GAYA ====================================================== Santosh Kumar @ Ajit Kumar son of Suresh Yadav Resident of VillageMishir Chak, Police Station- Fatehpur, District- Gaya. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Tej Narayan Singh For the Opposite Party/s : Mr. Md. Ashlam Ansari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-07-2015 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case instituted under Sections 341, 427 and307/34 of the Indian Penal Code.

The allegation against the petitioner and other coaccused is of firing from the roof of the house due to which one Vikash Kumar received pellet injury.

It has been submitted on behalf of the petitioner that the petitioner has no criminal antecedent. It has been further submitted on behalf of the petitioner that there is no specific allegation against the petitioner for causing any injury to the victim. From perusal of the FIR it would appear that general and omnibus allegation has been made against the petitioner. It is also submitted

Patna High Court Cr.Misc. No.18431 of 2015 (3) dt.02-07-2015 2/2 that from perusal of Annexure 3 to the supplementary affidavit it would appear that injury is said to be simple in nature caused by hard blunt substance, which do not corroborate the allegation made in the FIR.

On behalf of the State it has been submitted that the petitioner is named in the FIR.

Considering the aforesaid facts, let the above named petitioner, in the event of his arrest or surrender in the court below within a period of four weeks, 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 learned C.J.M., Gaya in connection with Fatehpur P.S.Case No. 41/2014 , subject to the conditions as laid down u/s 438(2) Cr.P.C.

(Sudhir Singh, J) singh/- U T