Santosh Kumar @ Chhotu @ Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27282 of 2021 Arising Out of PS. Case No.-248 Year-2020 Thana- PATEPUR District- Vaishali ====================================================== DHARAM NATH CHAUDHARY S/O JAGNNATH CHAUDHARY R/O VILLAGE- SUKKI, P.S.- PATEPUR, DISTRICT- VAISHALI AT HAJIPUR. ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 34621 of 2021 Arising Out of PS. Case No.-248 Year-2020 Thana- PATEPUR District- Vaishali ====================================================== 1.

SANTOSH KUMAR @ CHHOTU @ CHHOTU KUMAR Son of Dharmanth Chaudhary Resident of Village - Harlochanpur Sukki, P.S.- Patepur, Distt.- Vaishali at Hajipur.

2.

Gautam Kumar @ Somnath Kumar Son of Dharmanth Chaudhary Resident of Village - Harlochanpur Sukki, P.S.- Patepur, Distt.- Vaishali at Hajipur. ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 27282 of 2021) For the Petitioner/s :

Mr.Mukesh Kumar No1 For the Opposite Party/s :

Mr.A.G.

(In CRIMINAL MISCELLANEOUS No. 34621 of 2021) For the Petitioner/s :

Mr.Mukesh Kumar No1 For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-03-2022 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners are apprehending their arrest in a case registered in connection with Patapur P.S.Case No. 248 of 2020 for the offences punishable under Sections

Patna High Court CR. MISC. No.27282 of 2021(5) dt.24-03-2022 2/2 147,149,341,323,307,504,506 and 302 of the Indian Penal Code.

As per allegation in the F.I.R , it is a case of committing murder by the accused persons.

Learned counsel for the petitioner submits petitioners along with co-accused assaulted informant's husband, son and dewar. From perusal of the case diary at Para 27, specific overt act has been levelled against Dharmnath Choudhary. There is case and counter case between both the parties. It is not a fit case to grant anticipatory bail to the petitioners. Learned Additional Public Prosecutor opposed the bail prayer of the petitioners Considering the facts, I am not inclined to enlarge the petitioner on anticipatory bail and hence, his prayer for anticipatory bail stands rejected.

Petitioner is directed to surrender before the court below and seek regular bail.

(Sunil Kumar Panwar, J) N.K/- U T