Banti Kumar @ Santu @ Santu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47490 of 2024 Arising Out of PS. Case No.-82 Year-2023 Thana- JAYRAMPUR District- Sheikhpura ====================================================== Banti Kumar @ Santu @ Santu Kumar son of Late Umesh Yadav VillageToygarh Ps- Jayrampur Dist- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-09-2024 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323 and 307 of the Indian Penal Code and Section 27 of the Arms Act.

3.

Learned counsel for the petitioner submits that petitioner has antecedent of two cases and the informant alleges that Dinesh assaulted Sanjay by Khanti causing injury on his palm, while Rajesh assaulted the informant with an iron rod causing injury on head and thereafter, rest accused persons including the petitioner assaulted Ajit and destroyed the Karkat of Ghatar Yadav.

4.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case. It is next submitted that from perusal of allegation as alleged in the

Patna High Court CR. MISC. No.47490 of 2024(2) dt.04-09-2024 2/2 FIR, it would manifest that specific allegation of assaulting Sanjay and the informant is against Dinesh and Rajesh and the allegation of assaulting Ajit is general and omnibus in nature, as it has been alleged that petitioner along with other accused assaulted him and as far as breaking of the Karkat is alleged, the same is also ornamental.

5.

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

6.

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. 25,000/- (Rupees Twenty-five 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 Jayrampur P.S. Case No. 82 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) SUMIT/- U T