Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37796 of 2021 Arising Out of PS. Case No.-33 Year-2020 Thana- JAMHOR District- Aurangabad ====================================================== 1.

SANTOSH KUMAR 2.

Sanoj Kumar 3.

Raju Kumar, All Sons of Sukeshwar Yadav @ Motilal Singh 4.

Awadhesh Yadav 5.

Sukeshwar Yadav @ Motilal Singh, Both Sons of Late Rampati Yadav All Resident of Village Hathikhap, Tikdhar Bigha, P.S. - Jamhor, Dist. - Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Chandra Bhaskar, Advocate For the Opposite Party/s :

Mr. Pramod Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-06-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 504, 447, 307/34 of the Indian Penal Code read with Section 27 of the Arms Act.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent. The informant alleges that the named accused persons including the petitioners came to his house and started abusing and assaulting the father of the informant. It is alleged that Mantosh Yadav having gun in his hand opened fire at the informant causing

Patna High Court CR. MISC. No.37796 of 2021(2) dt.15-06-2022 2/2 injury. Accordingly, the informant rushed to Obra and later on referred to Sadar Hospital, Aurangabad.

Learned counsel for the petitioners further submits that petitioners have been falsely implicated in the present case and allegation of firing is against Mantosh Yadav. There is no specific allegation of committing any overt act against the petitioners. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners and the fact that no overt act has been alleged against the petitioners, the petitioners above-named, in the event of their 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.25,000/- (Rupees Twenty-five Thousand) each 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 Jamhor P.S. Case No. 33 of 2020, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T