Santosh Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41925 of 2017 Arising Out of PS.Case No. -617 Year- 2016 Thana -JAHANABAD District- JEHANABAD ======================================================
1. Santosh Kumar
2. Chandan Kumar Both Sons of Sri Rajendra Sao Resident of MohallaPachmahala, Gilanper, P.S. +District- Jehanabad. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Verma, Adv. For the Opposite Party/s : Mr. Sri Amitesh Kumar, APP. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 20-09-2017 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners seek bail in connection with Jehanabad P.S. Case No. 617 of 2016 for offences punishable under Sections 147, 148, 149, 323, 333, 341, 342, 353, 307, 379, 120B of the Indian Penal Code and Section 27 of the Arms Act.
The prosecution case, as lodged by the Officer-inCharge of Kako Police Station namely Amrendra Kumar, is that during course of investigation of Kako P.S. Case No. 189 of 2016, the informant came to the food shop of the petitioner no. 1 where petitioner no. 2 and other family members were also sitting. On
Patna High Court Cr.Misc. No.41925 of 2017 (2) dt.20-09-2017 2/3 seeing the police, they raised hulla and 50-60 persons variously armed with Lathi and Danda came and started assaulting the informant on which he was injured and his gold chain was also snatched by the mob.
It has been submitted by the learned counsel for the petitioners that they are innocent, running a food shop and the informant used to come and eat and go away without paying and when the payment was demanded the informant refused hence the mob got violent against the informant. He submits that no such occurrence had taken place as alleged and that they bear no criminal history and are languishing in judicial custody since 15.03.2017. He submits that charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioners.
However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let petitioners, above named, be enlarged on bail on furnishing bail bonds of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad in connection with
Patna High Court Cr.Misc. No.41925 of 2017 (2) dt.20-09-2017 3/3 Jehanabad P.S. Case No. 617 of 2016, subject to the condition that one of the bailors would be a close relative of the petitioners having sufficient immovable property, who will file an affidavit stating his relationship with the petitioners. (Nilu Agrawal, J) Devendra/- U T