Santan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36411 of 2022 Arising Out of PS. Case No.-4 Year-2022 Thana- TANKUPPA District- Gaya ====================================================== 1.

Santan Kumar Son Of Mithlesh Singh R/O- Vill-Paharpur, P.S.- Tankuppa, Dist- Gaya 2.

Anuj Singh @ Manoj Singh Son Of Late Tapeshwar Singh R/O- VillPaharpur, P.S.- Tankuppa, Dist- Gaya 3.

Upendra Singh Son Of Late Tapeshwar Singh R/O- Vill-Paharpur, P.S.- Tankuppa, Dist- Gaya ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rajo Singh Son Of Late Haridwar Singh R/O- Vill-Paharpud, P.S.- Tankuppa, Dist- Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravi Bhushan, Advocate For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-11-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Learned counsel for the petitioners seeks permission to withdraw the present anticipatory bail application with respect to petitioner no.3.

Permission is accorded.

The petitioner nos. 1 and 2 apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 325, 338, 347, 308, 504 and 506 of the Indian Penal Code.

Patna High Court CR. MISC. No.36411 of 2022(2) dt.29-11-2022 2/3 Learned counsel for the petitioners submits that petitioner no.1 has antecedent of two cases, petitioner no. 2 has antecedent of three cases and the informant alleges that while measurement of his land was going on, accused persons started abusing him, further Ajit assaulted him with an iron sabal causing injury on head, Manoj assaulted by khanti causing fracture of leg and rest named accused persons assaulted with lathi-dunda and rod and fled when people gathered. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case, it is next submitted that from bare perusal of the allegations as alleged in the FIR it would manifest that no specific allegation of assault is alleged 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, the petitioner nos. 1 and 2, 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. 20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where

Patna High Court CR. MISC. No.36411 of 2022(2) dt.29-11-2022 3/3 the case is pending/successor court in connection with Tankuppa P.S. Case No. 04 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T