Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26336 of 2021 Arising Out of PS. Case No.-148 Year-2018 Thana- BARUN District- Aurangabad ====================================================== SANTOSH KUMAR Son of - Ramchandra Singh Resident of Chandr Bigha, P.S.- Barun, District- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-01-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defect(s) as pointed out by the office when called upon to do so by the office. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 353, 307 and 504 of the Indian Penal Code and Section 27 of the Arms Act.

The informant, who is an officer, posted in the Mines Department, claims to have intercepted certain vehicles carrying sand after unauthorized mining. Co-accused Sunil Singh is alleged to have fired under protest. However, no injury was

Patna High Court CR. MISC. No.26336 of 2021(2) dt.28-01-2022 2/2 caused to anyone.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that the main allegation is against co-accused Sunil Singh. He further submits that similarly situated coaccused persons have already been granted anticipatory bail by a different Benches of this Court and the case of this petitioner stands of similar footing.

Learned APP appearing for the State has opposed the prayer for anticipatory bail.

In the facts and circumstances of the case, let the petitioner, above named in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Aurangabad in connection with Barun P.S. Case No. 148 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) brajesh kumar/- U T