Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44357 of 2022 Arising Out of PS. Case No.-122 Year-2022 Thana- MAJHAULIA District- West Champaran ====================================================== SANTOSH KUMAR S/o Puran Prasad R/o village- Karamwa, Ward No. 11, P.S.- Majhaulia, District- West Champaran (Bettiah) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Lokesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Rajendra Prasad Nat, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 379, 504, 506 and 34 of the Indian Penal Code. The informant alleges that petitioner assaulted him with gadasa causing injury on his head.

Learned counsel for the petitioner submits that the petitioner has antecedent of one case and has been falsely implicated in the present case, it is next submitted that even injury is simple but then doubt is created with respect to the allegation as alleged for the reason that date of occurrence is 12.02.2022 and the FIR came to be instituted on 19.02.2022 and that too based on a written application of the informant without

Patna High Court CR. MISC. No.44357 of 2022(2) dt.14-12-2022 2/2 any plausible explanation for the delay, it is next submitted that if what has been alleged is true that he was assaulted by gadasa causing injury on his head then definitely he would have been taken to the hospital where his fardbeyan would have been recorded by the police but that is not the case in the present case.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court 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 trial court where the case is pending/successor court in connection with Majhaulia P.S. Case No. 122 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) GauravSinha/- U T