Patna High CourtCR. MISC./29856/2023bail rejected

Santosh Kumar Singh v. The State Of Bihar

2023-07-13Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29691 of 2023 Arising Out of PS. Case No.-541 Year-2022 Thana- SHIVSAGAR District- Rohtas ====================================================== Guddu Chaudhary Son Of Baliram Choudhary Resident Of Village - Baradih, P.S. - Karamchat (Sabar), Distt. - Rohtas ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 29856 of 2023 Arising Out of PS. Case No.-541 Year-2022 Thana- SHIVSAGAR District- Rohtas ====================================================== Santosh Kumar Singh Sri Guptanath Singh R/O Village- Pora, P.S- Chawari, Distt.- Rohtas.

... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 29691 of 2023) For the Petitioner/s :

Mr.Nil Kamal For the Opposite Party/s :

Mr.Madan Kumar (In CRIMINAL MISCELLANEOUS No. 29856 of 2023) For the Petitioner/s :

Mr.Nil Kamal For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-07-2023 As both these bail applications have cropped up from the same police station case number, hence, with consent of parties, they are being heard together and disposed of by this common order.

2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

3. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147,

Patna High Court CR. MISC. No.29691 of 2023(2) dt.13-07-2023 2/3 148, 341, 323, 307, 279, 353, 427, 379, 511 of the Indian Penal Code.

4. Prosecution case in brief is that a sand loaded truck was intercepted and was kept under two guards near RKT Hotel keeping watch of truck but the driver tried to escape from the said place and it was stopped at Patna More. It is alleged that 100-150 people surrounded the truck and took away the driver from the police custody. Petitioners are the driver and owner of the said truck.

5. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that the petitioner Guddu Chaudhary is the driver and petitioner Santosh Kumar Singh is the owner of the said truck. He submits that the petitioner Santosh Kumar Singh was under treatment of doctor between 01.11.2022 to 04.11.2022 in Sargi Care Centre. He further submits that petitioners have one criminal antecedent as stated in para-3 of this application.

6. Learned APP for the State opposing the prayer for bail submit that some police personnel sustained injury and witnesses have supported the prosecution story.

7. Considering the facts and circumstances of the

Patna High Court CR. MISC. No.29691 of 2023(2) dt.13-07-2023 3/3 case, I am not inclined to enlarge the petitioners on bail. Accordingly, their prayer for anticipatory bail is rejected in connection with Shivsagar P.S. Case No. 541 of 2022. (Anjani Kumar Sharan, J) devendra/- U T