Santush Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36408 of 2023 Arising Out of PS. Case No.-721 Year-2022 Thana- WAJIRGANJ District- Gaya ====================================================== Santush Kumar Son Of Naresh Yadav Resident Of Village -Paharpur, PS -Wazirganj, District -Gaya ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

THE BIHAR STATE ELECTRICITY BOARD ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dharmendra Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. Satyendra Prasad, APP For the O.P. No.2 :

Mr. Ajay Kumar Gautam, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 26-07-2023 Heard Mr. Dharmendra Kumar Sinha, learned counsel for the petitioner, Mr. Ajay Kumar Gautam, learned counsel for the O.P. No.2 and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Wazirganj P.S. Case No. 721 of 2022 registered for the offences punishable under Sections 341, 323, 325, 308 and 354/34 of the Indian Penal Code.

3. The petitioner along with other 9-10 accused persons is said to have assaulted and abused one Shankar Yadav while he was removing the default of electric supply and sustained fracture injury on his hand at the hands of the petitioner and other accused persons.

4. Learned counsel for the petitioner submits that from

Patna High Court CR. MISC. No.36408 of 2023(2) dt.26-07-2023 2/3 the FIR, it is evident that no specific allegation has been levelled against the petitioner. However, even as per the injury report, which is the part of the FIR, it appears that injured Shankar Yadav received only a lacerated wound over his wrist and there is a swelling in the thumb of left hand apart from pain in the body. He further submits that the petitioner is a man of fair antecedent and only account of the fact that he was present there while the villagers were manhandled the labourer, which resulted into lodging of the FIR.

5. On the other hand, learned counsel for the O.P. No. 2, submits that the petitioner along with others obstructed in discharging the official duty and, as such, he does not deserve any sympathy.

6. Regard being had to the submissions made on behalf of the parties and considering the nature of injury, coupled with the fair antecedent of the petitioner, 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 four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Gaya in connection with Wazirganj P.S. Case No. 721 of 2022, subject to the condition as

Patna High Court CR. MISC. No.36408 of 2023(2) dt.26-07-2023 3/3 laid down under Section 438(2) of the Cr.P.C, with further condition that one of the bailors shall be the own/close family members of the petitioner.

(Harish Kumar, J) rohit/- U T