Santosh Kumar Mehta @ Santosh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42183 of 2024 Arising Out of PS. Case No.-45 Year-2024 Thana- MUFFASIL District- Aurangabad ====================================================== Santosh Kumar Mehta @ Santosh Kumar, (M), aged about 38 years, S/O Late Nagdeo Mehta, R/O Village- Barki Bela, P.S.- Muffasil, Distt- Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Singh, Advocate For the Opposite Party/s :
Mr. Rajendra Singh Shastri, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 05-07-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Aurangabad (Muffasil) PS Case No.45 of 2024 dated 28.01.2024, instituted for the offence punishable under Sections 147, 148, 341, 323, 324, 307, 379, 504 of the Indian Penal Code.
3. The prosecution case, in short, is that on the alleged date of occurrence the informant was going for collection and when he reached near Ranju/Manju Pind, the petitioner along with other accused named in the FIR as well as some unknown persons surrounded him and on the order of Dashrath Mehta, petitioner repeatedly stabbed on the left side of head of the informant by means of knife. The accused persons also snatched
Patna High Court CR. MISC. No.42183 of 2024(2) dt.05-07-2024 2/3 his money and gold chain etc.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is also submitted that there is specific allegation against the petitioner that he assaulted on the head of the informant by means of knife but the injury report of the injured does not corroborate the prosecution story. The doctor has found injury no.1 as CLW over left parietal region (0.5x0.5x0.5 cm. Approx). NCCT of head: Front Tempo- Parietal Non-displaced fracture seen which was caused by hard and blunt substance. Learned counsel further submitted that there is case and counter case between the parties and the petitioner has filed Muffasil PS Case No.44 of 2024 against the informant prior to institution of this case. Lastly, it has been submitted that the petitioner is in custody since 22.04.2024 having clean antecedents.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the CJM, Aurangabad, in Aurangabad (Muffasil) PS Case No.45 of 2024.
Patna High Court CR. MISC. No.42183 of 2024(2) dt.05-07-2024 3/3
7. The application stands allowed.
(Khatim Reza, J) J. Alam/- U T