Santosh Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66593 of 2018 Arising Out of PS.Case No. -110 Year- 2017 Thana -SIRDALA District- NAWADA ====================================================== Santosh Sao, Son of Suresh Sao @ Suresh Prasad, Resident of VillageGhatBakshila, P.S. Sirdala, Distt. Nalanda. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Birendra Kumar, Advocate. For the Opposite Party : Mr. Akhileshwar Dayal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-11-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 341, 323, 504, 506 and 307/34 of the IPC.

The prosecution story, in brief, is that on 29.05.2017 at 10.00 P.M. in the night, the son of cousin brother of informant, namely, Bhola Sao alias Brajesh Kumar and Santosh Sao came in the house of informant by drinking wine and told to remove cattle and they assaulted his son with Lathi and Khanti and when the informant went to save they gave Khanti blow upon him casing injury on his head.

It has been submitted by learned counsel for the

Patna High Court Cr.Misc. No.66593 of 2018 (2) dt.01-11-2018 2/2 petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. Nature of injury is said to be simple. No offence under Section 307 of the IPC is made out. The matter has already been compromised between the parties vide Annexure-3 to the present application.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of six 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 the learned A.C.J.M. IV, Nawada, in connection with Sirdala P.S. Case No. 110 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T