Santan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20886 of 2024 Arising Out of PS. Case No.-715 Year-2022 Thana- TEKARI District- Gaya ====================================================== Santan Kumar S/O Dewali Singh @ Shiv Kumar Singh R/O Village- Noni, P.S- Tekari, Distt.- Gaya.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar, Adv For the Opposite Party/s :

Mr. Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-07-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in connection with Tekari P.S Case No. 715 of 2022 dated 01.11.2022 registered for the offence punishable u/s 147, 341, 323, 324, 307, 379, 504, 506 I.P.C. of the Indian Penal Code.

3. As per the prosecution case, the informant's son went to the agricultural land for the purpose of irrigation but after seeing alone, the accused person armed with lathi, danda and iron-rod assaulted the informant's son causing injury. The co-accused Aditya Kumar assaulted on the head of his son causing cut injury. It is further alleged that the injured was admitted to A.N.M.M.C.H, Gaya for batter treatment.

Patna High Court CR. MISC. No.20886 of 2024(3) dt.05-07-2024 2/2

4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The specific allegation is against the co-accused Aditya Kumar. There is general and omnibus allegation against the petitioner. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Gaya, in connection with Tekari P.S Case No. 715 of 2022, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

7. This application stands allowed.

(Chandra Prakash Singh, J) Jyoti/- U T