Santosh Yadav @ Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21368 of 2025 Arising Out of PS. Case No.-345 Year-2024 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== 1.

Santosh Yadav @ Santosh Kumar S/o- Saryug Yadav Village- Ashokghat PS-Sahebpur Kamal Dist- Begusarai 2.

Raja Kumar S/o- Pappu Yadav Village- Ashokghat PS-Sahebpur Kamal Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rabi Bhushan For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-07-2025 Heard learned counsel for the petitioner sand the State .

2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 126 (2), 115 (2), 352, 351 (1) , 109 (1) and 3(5) of BNS and 27 of Arms Act.

3. The prosecution story in brief is that on 09.10.2024 at about 05:15 A.M., informant Sunita Devi, along with her husband and Dewar Sudhir Yadav, were going from her house to Dera (Bathan) to feed the cattle. In the meanwhile, these petitioners, along with other co-accused persons armed variously, intercepted them and asked the informant to withdraw the application dated 08.10.2024 lodged against them and upon refusal by informant, started firing indiscriminately, but

Patna High Court CR. MISC. No.21368 of 2025(3) dt.14-07-2025 2/3 somehow informant, her husband and dewar fled away from the spot. It is further alleged that on the next day, co-accused Rajeev Kumar at about 09:00 AM came to the house of the informant and abused and threatened him with dire consequences.

4. It is submitted on behalf of the petitioners that petitioners are quite innocent and have falsely been implicated in this case . Informant and petitioners are co-villagers and there is admitted land dispute between both the parties. Though there is allegation of firing but no one sustained any fire arm injury. He lastly submits that this false and concocted case has been lodged against the petitioners in retaliation of Sahebpur Kamal P. S. Case No. 337 of 2024 which was lodged by sister of coaccused Sumit Kumar against informant and others. Co-accused Sumit Kumar has already been granted anticipatory bail by this Court vide order 14.05.2025 passed in Cr. Misc. No. 29685 of 2025.

5. Learned counsel for the State opposed the bail petition .

6. Considering the aforesaid facts and other circumstances of the case, in the event of arrest or surrender within eight weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten

Patna High Court CR. MISC. No.21368 of 2025(3) dt.14-07-2025 3/3 thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM IV Begusarai in connection with Sahebpur Kamal P.S. Case No. 345 of 2024, subject to the conditions laid down under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Prabhat Kumar Singh, J) Saif/- U T