Santu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49697 of 2021 Arising Out of PS. Case No.-15 Year-2021 Thana- BAKHTIYARPUR District- Patna ====================================================== SANTU KUMAR S/O SANJAY PRASAD R/o village- Kewal Bigha Ghangh, P.S.- Bakhtiyarpur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Kashyap, Adv.

For the Opposite Party/s :

Mr. Bal Mukund Prasad Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-05-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 307, 326, 504 and 34 of the Indian Penal Code and section 27 of the Arms Act. As per the prosecution case, on firing resorted to by the petitioner, the nephew of the informant was hit in his face. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case because of land dispute between the parties. The manner of occurrence is other than what has been narrated in the F.I.R. The petitioner is in custody since 9.2.2021 and charge has been framed in the instant case against the petitioner and one Rekha Devi on 30.4.2022.

The application for bail is opposed by learned A.P.P.

Patna High Court CR. MISC. No.49697 of 2021(5) dt.16-05-2022 2/2 for the State and learned counsel for the informant. Learned counsel for the informant submits that there is direct allegation against this petitioner of having resorted to firing hitting the nephew of the informant on his face ie the vital part of the body causing serious injuries.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the petitioner having remained in custody for more than 1 year and charge having been framed in the learned trial court, the Court directs the petitioner to be enlarged on bail in connection with Bakhtiyarpur P.S. Case no.15 of 2021 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate III, Barh, Patna.

It is further directed that the petitioner shall remain physically present in Court on each date of the trial and shall cooperate in the trial.

(Partha Sarthy, J) Saurabh/- U T