Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44724 of 2024 Arising Out of PS. Case No.-462 Year-2023 Thana- BIBHUTIPUR District- Samastipur ====================================================== 1.

Santosh Kumar Son of Sankar Das Resident of Raghopur, P.S.- Bibhutipur, District - Samastipur, Bihar - 848211 2.

Mantosh Kumar @ Pankaj Kumar Son of Sankar Das Resident of Raghopur, P.S.- Bibhutipur, District - Samastipur, Bihar - 848211 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Piyush Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-08-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2.

The petitioners apprehend their arrest in connection with Bibhutipur P.S. Case No. 462 of 2023 registered for the offences punishable under Sections 147, 148, 341, 323, 324, 307, 354A, 379, 504 & 506 of the Indian Penal Code. 3.

Prosecution case in brief is that co-accused persons including the petitioners have assaulted the informant by various means.

4.

Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence as alleged against them and have falsely been implicated in the

Patna High Court CR. MISC. No.44724 of 2024(4) dt.02-08-2024 2/2 present case. There is no specific allegation against the petitioners. There is general and omnibus allegation against the petitioners. Specific allegation is against co-accused, Sankar Das & Ranjit Das. There is delay of 21 days in lodging of the FIR. It is submitted that there is subsisting land dispute between the parties. Petitioners claim clean antecedent. 5.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6.

Considering the rival submissions made by the learned counsel for the parties, let the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Bibhutipur P.S. Case No. 462 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Rudra Prakash Mishra, J) Raj Kishore/- U T