Santosh Pal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34654 of 2023 Arising Out of PS. Case No.-34 Year-2020 Thana- BETTIAH CITY District- West Champaran ====================================================== SANTOSH PAL SON OF DINESH PAL R/O VILLAGE- SANT GHAT, WARD NO.- 15, P.S.- BETTIAH NAGAR, DISTRICT- WEST CHAMPARAN ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anant Kumar Mishra, Adv.
For the Opposite Party/s :
Mr.Anish Chandra, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-12-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 379, 384, 504 of the Indian Penal Code.
3. Allegedly, all the accused persons including the petitioner are said to have surrounded the informant and demanded Rs. 50,000/- as ransom and on the order of coaccused Vijay Pal, they assaulted him by iron rod with an intention to kill him due to which he sustained head injury. Hearing the alarm, when his parents came there to save him, they were also assaulted by them. They also snatched Rs.
Patna High Court CR. MISC. No.34654 of 2023(3) dt.04-12-2023 2/3 20,000/- and golden chain from the possession of the informant.
4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. Both the parties are co-villagers. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is previous enmity between the parties. There is case and counter case between the parties. From perusal of the impugned order, it is evident that as per the injury report, the injured have sustained head injuries, but the nature of the injuries is not mentioned in the impugned order. Petitioner has one criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposed the prayer for bail.
6. Having regard to the facts and circumstances of the case, as there is previous enmity between the parties, let the above named petitioner, 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 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
Patna High Court CR. MISC. No.34654 of 2023(3) dt.04-12-2023 3/3 with Bettiah Nagar P.S. Case No. 34 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T