Santosh Kumar @ Santosh Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37654 of 2022 Arising Out of PS. Case No.-118 Year-2020 Thana- MANJHI District- Saran ====================================================== Santosh Kumar @ Santosh Kumar Sah Son Of Devnath Sah Resident Of Village- Dumari, P.S.- Manjhi, District- Saran At Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dewendra Narayan Singh For the Opposite Party/s :

Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 354, 385, 427/34 of the Indian Penal Code. The prosecution case as per F.I.R is that all the accused persons including petitioner, variously armed came on the under constructed house of the informant and started assaulting the informant and when other family members of the informant came to his rescue, they were also assaulted by the accused persons. It is specifically alleged against the petitioner that he assaulted the nephew of informant with knife on the neck of the informant, as a result of which, the

Patna High Court CR. MISC. No.37654 of 2022(2) dt.30-11-2022 2/3 nephew of informant sustained injuries.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in the present case. It is also submitted that in the background of some land dispute, the present F.I.R has been registered. There is counter version of the occurrence also and petitioner's side also received injuries. It is further submitted that the injury sustained by informant's nephew is simple in nature, caused by hard and blunt substance, which is not corroborating with the prosecution version of this case. There is no accusation of repeating the blow. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, XIV, Saran, Chapra in connection with Manjhi P.S. Case No. 118 of

Patna High Court CR. MISC. No.37654 of 2022(2) dt.30-11-2022 3/3 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) nirajkrs/- U T