Santosh Sarma @ Santosh Sharma @ Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16424 of 2023 Arising Out of PS. Case No.-65 Year-2022 Thana- GAMAHARIYA District- Madhepura ====================================================== Santosh Sarma @ Santosh Sharma @ Santosh Kumar Son Of Late Mahindra Sharma @ Mahinder Sharma R/O Village- Chikni Khar, Ward No.11, P.S.- Gamharia, District- Madhepura ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 307, 326, 324, 323, 447, 504, 506, 341/34 of the Indian Penal Code.

As per FIR, the allegation against the petitioner along with co-accused persons is that they assaulted the father of the informant with intention to kill him due to land dispute.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.16424 of 2023(3) dt.23-06-2023 2/2 falsely been implicated in this case due to previous enmity. There is no specific allegation of assaulting attributed against the petitioner rather general and omnibus allegation attributed against him. It is further submitted that in this alleged occurrence both parties sustained injuries. The petitioner is languishing in judicial custody since 21.04.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Gamharia P.S. Case No. 65 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Madhepura. (Sunil Kumar Panwar, J) manishkumar/- U T