Santosh Rai @ Santosh Kumar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41143 of 2021 Arising Out of PS. Case No.-22 Year-2020 Thana- AZIMABAD District- Bhojpur ====================================================== SANTOSH RAI @ SANTOSH KUMAR RAY Son of Late Uma Rai Resident of Village - Mehjandaura, Ward no.14, P.S.- Azimabad, Distt.- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rahul Kumar Singh, Advocate For the Opposite Party/s :

Mr.Anant Kumar 1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 29-01-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Azimabad P.S. Case No. 22/2020 registered for the offences punishable under Sections 147, 148, 149, 323, 307, 504, 506 of the Indian Penal Code 1860 and Section 27 of the Arms Act.

As per the First Information Report, the petitioner has allegedly fired upon the father of the informant, due to which, he sustained firearm injury on his Arm. Learned counsel for the petitioner submits that a quarrel had taken place between the informant, petitioner

Patna High Court CR. MISC. No.41143 of 2021(2) dt.29-01-2022 2/3 and other accused persons and, accordingly, the petitioner has falsely been implicated in this case. He further submits that the petitioner has got no criminal antecedent and other co-accused persons named in the First Information Report have been granted anticipatory bail by a co-ordinate Bench of this Court in Cr. Misc.31711 of 2020. The petitioner is in custody since 9.2.2021, charge sheet has already been submitted and the injury caused to the victim is not on the vital part of the body.

Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that the petitioner has got no criminal antecedent, he is in custody since 9.2.2021, other coaccused persons have been granted anticipatory bail by a co-ordinate Bench of this Court and charge sheet has already been submitted, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of Nisha Kumari,

Patna High Court CR. MISC. No.41143 of 2021(2) dt.29-01-2022 3/3 learned Judicial Magistrate, Bhojpur, Arrah, in connection with Azimabad P.S. Case No. 22/2020.

It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T