Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34461 of 2020 Arising Out of PS. Case No.-13 Year-2020 Thana- PIRI BAZAR District- Lakhisarai ====================================================== Santosh Kumar, aged about 38 years (Male), Son of Late Jawahar Singh Resident of Village - Ghosaith, P.S.- Piri Bazar, Distt.- Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jai Prakash Singh For the Opposite Party/s :

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 09-03-2021 Heard learned counsel for the petitioner and counsel for the State.

In this case, the petitioner is apprehending his arrest in connection with Piri Bazar P.S. Case No. 13 of 2020 registered for offences under sections 341, 323, 307, 504, 506/34 of the Indian Penal Code.

It has been alleged that the Informant was watering the newly constructed building. In the meantime, his neighbor Santosh Kumar (the petitioner) came there and abused him. On protest, he assaulted him by means of bricks on his head due to which he became unconscious and fell down. It has further been alleged that when his son and wife came to save him, they were also assaulted by him by means of bricks.

Learned counsel for the petitioner submits that both the parties are agnate and the dispute is with regard to

Patna High Court CR. MISC. No.34461 of 2020(2) dt.09-03-2021 2/2 construction of the building and, without any motive, due to hot discussion, the incident has taken place in which only allegation has been made against the petitioner of causing injury by bricks. Looking to the entire facts and circumstances 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 bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Lakhisarai in connection with Piri Bazar P.S. Case No. 13 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

as also subject to condition that whenever the police will call the petitioner for investigation/interrogation, he will remain present and if he would not present himself, the privilege of grant of anticipatory bail shall be deemed to have been canceled. It is also made clear that if the petitioner is repeats the similar offence in future, the prosecution will be at liberty to file an application for cancellation of the bail.

(Shivaji Pandey, J) rishi/- U T