Santosh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36492 of 2023 Arising Out of PS. Case No.-14 Year-2023 Thana- PIRO District- Bhojpur ====================================================== SANTOSH SINGH Son of Jagdeo Singh Resident of village - Udandih, P.S. - Hasan Bazar, Distt. - Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravindra Kumar For the Opposite Party/s :

Mr. Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-08-2023 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 341, 323, 307, 379, 504 & 506/34 of the Indian Penal Code.

3. All the F.I.R. named accused persons including this petitioner is said to have assaulted the informant by various means.

4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case due to civil dispute. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that both the parties are close agnates and due to some property dispute this false and fabricated case has been lodged against

Patna High Court CR. MISC. No.36492 of 2023(2) dt.18-08-2023 2/2 the petitioner and others. The injury sustained by the victim is simple in nature which is evident from paragraph-7 of the impugned order. There is inordinate delay of two days in lodging the F.I.R. without assigning any plausible and convincing reason for the said delay, which creates serious doubt about the prosecution case. Petitioner has no 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, 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 with Piro Hasan Bazar P.S. Case No. 14 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Trivedi/- U T