Santosh Kumar @ Santosh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57454 of 2021 Arising Out of PS. Case No.-39 Year-2021 Thana- MADHUBAN District- East Champaran ====================================================== 1.

Santosh Kumar @ Santosh Kumar Singh Son of Nand Kishore Singh @ Nand Kumar Singh R/o Village Moglaniya, P.S. Madhuban, Dist. East Champaran.

2.

Akhilesh Singh @ Akhilesh Kumar Singh Son of Ramchandra Singh R/o Village Moglaniya, P.S. Madhuban, Dist. East Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Shankar Shrivastava For the Opposite Party/s :

Mr. Arun Kumar Singh Mr. Binay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-07-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in connection with Madhuban P.S. Case No.39 of 2021, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 325, 307, 326, 379, 504 and 506 of the Indian Penal Code. Petitioner No.1 is said to have assaulted the informant on his head by means of farsa causing bleeding injury on his head. When Dhananjay Kumar Singh, the nephew of the informant, came to save the informant, petitioner no.2, Akhilesh Singh assaulted him with iron rod causing fracture injury in his hand. The accused persons also snatched Rs.10,000/- from the informant.

Learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.57454 of 2021(2) dt.11-07-2022 2/2 petitioners are innocent and have falsely been implicated in this case. It is further submitted that the petitioners had earlier filed a case against the informant being Madhuban P.S. Case No.29 of 2021 under Section 302 and other allied sections of the Indian Penal Code. It is lastly submitted that the petitioners have got one criminal antecedent as stated in paragraph-3 of the bail application.

The learned APP for the State opposed the prayer for anticipatory bail of the petitioners.

Taking into consideration the fact that there is case and counter case between the parties, let 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 enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Madhuban P.S. Case No.39 of 2021, subject to the conditions laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J.) Sanjay/- U T