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Patna High CourtCR. MISC./56956/2015disposed

Santosh Kumar v. The State Of Bihar

2015-12-17Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56956 of 2015 Arising Out of PS.Case No. -379 Year- 2013 Thana -JAHANABAD District- JEHANABAD ====================================================== Santosh Kumar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar For the Opposite Party/s : Mr. Yogendra Kumar Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-12-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 307, 379 and 504/34 of the Indian Penal Code.

The prosecution case is that the informant was going to market to make certain purchase when the petitioner along with other co-accused surrounded and assaulted the informant with hockey stick and lathi. The informant was also assaulted by coaccused Sanjay Kumar who also snatched gold chain and cash of `5,000/- from the informant.

It is submitted by learned counsel for the petitioner that even assuming the accusation, no offence under Section 379 IPC is made out against the petitioner. A statement has been made in para 3 of the petition that the petitioner has no criminal

Patna High Court Cr.Misc. No.56956 of 2015 (2) dt.17-12-2015 2/2 antecedent.

The aforesaid facts constitute good ground for consideration of prayer for regular bail.

Let the learned court below consider the prayer for regular bail of the petitioner if he surrenders within a period of six weeks in connection with Jehanabad P.S. Case No. 379 of 2013 pending in the court of learned CJM, Jehanabad. Accordingly, the application is disposed of.

(Dinesh Kumar Singh, J) Amrendra/- U T