Santosh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57575 of 2021 Arising Out of PS. Case No.-373 Year-2020 Thana- JAKKANPUR District- Patna ====================================================== SANTOSH KUMAR Son of Sri Satya Narayan Mahto R/v- Purandarpur, P.S.- Jakkanpur, Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vijay Kumar Sinha, Adv For the Opposite Party/s :
Mr.Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 30-03-2022 Heard learned counsel for the parties.
Petitioner seeks bail in a case registered for the offence punishable under Sections 341, 342, 323, 504, 506, 307/34 of the Indian Penal Code and Section 25(1-b)a and 27 of the Arms Act.
Prosecution story in brief is that 2-3 unknown persons on 13.08.2020 in the midnight entered the house of Informant to kill her and on alarm being raised by her they fled away. Thereafter in the morning of 13.08.2020, Mithu Thathera and
Patna High Court CR. MISC. No.57575 of 2021(2) dt.30-03-2022 2/3 Prakash Kumar came and intimidated informant and abused her by her caste name for which Informant gave written complaint in local police station. Thereafter on 14.08.2020 at about 12 'O' Clock Ravi Paswan came to her house and intimidated her to withdraw the complaint filed in the police station else she would have to face dire consequence and when she raised alarm, Ravi Paswan and Santosh Kumar fired upon her and fled away. Learned counsel for the petitioner submits that he is innocent and has been falsely implicated in this case due to animosity. No one suffered any injury and there is case and counter case. Similarly situated co-accused person Om Prakash @ Prakash Kumar has been granted bail by the court below itself in ABP No. 4731 of 2020.
Petitioner has got no criminal antecedent and is in custody since 17.04.2021. Charge-sheet has already been submitted.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Jakkanpur P.S. Case No. 373 of 2020, with following conditions:-
(1) Both the bailors shall be the resident of
Patna High Court CR. MISC. No.57575 of 2021(2) dt.30-03-2022 3/3 territorial jurisdiction of the learned court-below.
(2) The petitioners shall fully cooperate with the investigation / trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (S. Kumar, J) ranjan/- U