Santosh Rai @ Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28071 of 2021 Arising Out of PS. Case No.-127 Year-2019 Thana- BACHHWARA District- Begusarai ====================================================== Santosh Rai @ Santosh Kumar S/o Late Ram Saguni Rai Resident of VillageChamtha Gope tola, P.S.- Bachhwara, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sada Nand Roy, Adv.

For the Opposite Party/s :

Mr. Sunil Kr. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-12-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 147, 148, 149, 307, 323, 379, 337, 504, 506 of the Indian Penal Code. It is submitted by learned counsel for the petitioner that petitioner is innocent and has been falsely implicated in this case. He submits that on account of the dispute about digging of ditch on the land of the informant, scuffle took place between the parties. He submits that there is no specific overt act against the petitioner rather allegation

Patna High Court CR. MISC. No.28071 of 2021(2) dt.22-12-2021 2/2 levelled against the petitioner is general and omnibus in nature. He submits that similarly situated co-accused has been granted bail by a Bench of this Court in Cr. Misc. No. 21122 of 2020 on 08.07.2020. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposed the prayer for bail.

Considering the facts and circumstances of the case, 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 Bachhwara P.S. Case No. 127 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T