Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23939 of 2019 Arising Out of PS. Case No.-148 Year-2018 Thana- MOKAMAH District- Patna ====================================================== SANTOSH KUMAR Son of Ramnandan Paswan Resident of Kolsiding Ward no.28, P.S-Mokama, District-Patna.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar Pandey, Advocate.

For the Opposite Party/s :

Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 19-07-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 341, 323, 504, 326 and 379/34 of the Indian Penal Code. Over row of refund money taken by the petitioner from the informant petitioner along with other accused person are said to have taken the informant to his house but on the way on objection of the informant petitioner stabbed twice at the same place in his stomach.

Learned counsel for the petitioner submitted that no such occurrence as alleged ever took place. The petitioner is quite innocent and has been falsely implicated in this case over

Patna High Court CR. MISC. No.23939 of 2019(3) dt.19-07-2019 2/2 dispute of money. He has not made any assault. He has no criminal antecedent.

Learned APP for the State opposing the bail petition submitted that there is specific allegation against the petitioner of stabbing twice at the same place in the stomach of the informant by the knife and the informant was hospitalized and the doctor has found penetrating injury in the epigastric region on his person. Hence, He does not deserve bail. Considering the facts and circumstances of case, I am not inclined to enlarge the petitioner on bail. The prayer for bail of the petitioner is hereby rejected. However, the petitioner is directed to surrender before the learned Court below within six weeks from today and seek regular bail and the learned Court below would pass order in accordance with law without being prejudiced by this order on the very date of surrender. (Prakash Chandra Jaiswal, J) Trivedi/- U T