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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27010 of 2022 Arising Out of PS. Case No.-278 Year-2021 Thana- SAKRA District- Muzaffarpur ====================================================== 1.

SANTOSH KUMAR SINGH @ SANTOSH KUMAR S/O KANHAI SINGH R/o village- Katesar, P.S.- Sakra, District- Muzaffarpur 2.

UDAY KUMAR S/o Kanhai Singh R/o village- Katesar, P.S.- Sakra, District- Muzaffarpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs.Bela Singh, Adv.

For the Opposite Party/s :

Mr.Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-09-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, the office will place the matter before the Bench.

After some arguments, learned counsel for the petitioners seeks permission to withdraw this application with regard to petitioner no.2.

Permission accorded.

This application as against the petitioner no.2 is

Patna High Court CR. MISC. No.27010 of 2022(2) dt.01-09-2022 2/3 dismissed as withdrawn.

Now, it is being heard only against petitioner no.1. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 325, 307, 506 of the Indian Penal Code. Allegation against the petitioner is of assaulting the informant by means of Hasuli on his neck and while saving, his hand got cut injury.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to a prior land dispute. No such occurrence, in the manner as alleged, has ever taken place. It is submitted that the leg fracture injury, which is grievous in nature has been inflicted upon the informant by petitioner no.2 Uday Kumar while the alleged injury inflicted by the petitioner no.1 is simple in nature. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, let the above named petitioner no.1, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail

Patna High Court CR. MISC. No.27010 of 2022(2) dt.01-09-2022 3/3 bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Sakra P.S. Case No.278/2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T