← Library
Patna High CourtCR. MISC./42920/2023bail granted

Santosh Kumar v. The State Of Bihar

2023-08-07Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42920 of 2023 Arising Out of PS. Case No.-275 Year-2023 Thana- SASARAM NAGAR District- Rohtas ====================================================== SANTOSH KUMAR Son of Jawahar Prasad Resident of Mohalla - Laskariganj (Kothatoli), P.S. - Sasaram Nagar, Distt. - Rohtas ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sumit Kumar Singh, Mr. Nikhil Singh For the Opposite Party/s :

Mr.Nawal Kishore Prasad,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-08-2023 Heard learned counsel for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence under Sections 147, 148, 149, 188, 153(A), 341, 342, 323, 337, 338, 353, 307, 427, 435, 436, 504, 505, 506 of the Indian Penal Code and Section 27 of the Arms Act and later on, Section 302 of the I.P.C. was added.

3. As per the prosecution case, on the alleged date and time of occurrence, the F.I.R. named accused persons alongwith 200-250 unknown persons committed the alleged occurrence, in which, several people sustained injury. They are also alleged to have caused hindrance in discharge of official duties of the police personnel.

4. The petitioner is not named in the F.I.R. The name of the petitioner has transpired during course of investigation in

Patna High Court CR. MISC. No.42920 of 2023(2) dt.07-08-2023 2/2 the confessional statement of co-accused Golu Dubey, who disclosed that a meeting was convened by this petitioner prior to the alleged occurrence. Save and except this, there is no other material against this petitioner to show his complicity in the alleged occurrence. It is further submitted that though, petitioner has got three criminal antecedent, but out of three cases, in two cases he has been acquitted, whereas in one case, he is on bail.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged 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 C.J.M., Sasaram (Rohtas) in connection with Sasaram P.S. Case No. 275 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay/- U T