Santosh Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50737 of 2019 Arising Out of PS. Case No.-61 Year-2018 Thana- TERHAGACHH District- Kishanganj ====================================================== SANTOSH KUMAR SAH S/o Billo Sah Resident of Village- Fhulwariya Hat, Thiraniganj, P.S.- Terdhagachh, District- Kishaganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Diwakar Sinha For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 341, 323, 326(A), 307, 504 and 506 of the Indian Penal Code.

The prosecution case in short is that the accused persons assaulted the son of the informant and a scuffle took place whereafter the accused persons threw acid on informant's husband.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 11.10.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has remained in

Patna High Court CR. MISC. No.50737 of 2019(3) dt.16-11-2019 2/2 custody for about a year. The petitioner has been falsely implicated in the present case due to village politics. The allegations made in the F.I.R., regarding causing injury upon the victim, is denied by the petitioner. There is no premeditation of mind. The alleged incident took place in a spur of moment due to hot exchange between the parties.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Kishanganj in connection with Tedhagachh P.S. Case No. 61/2018.

(Sudhir Singh, J) Pankaj/- U T