Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48672 of 2017 Arising Out of PS.Case No. -182 Year- 2013 Thana -RUPASPUR District- PATNA ====================================================== Santosh Kumar, Son of Late Kamta Prasad, R/o Chulahi Chak, P.S.- Rupaspur, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shashi Shekhar Sharma, Adv. For the Opposite Party/s : Mr. Tarun Prasad Mandal, APP ======================================================

CORAM:

HONOURABLE MR.

JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 10-11-2017 Heard the parties.

This application, for grant of anticipatory bail, arises out of Rupaspur P.S. Case No. 182 of 2013, disclosing offences under Sections 341, 323, 307, 504 and 506/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that it is evident from the First Information Report that allegation of assault to one Manoj Kumar is based on hearsay. He also submits that the police have completed investigation and submitted final form. He submits that though three persons have been sent up for trial by the police, the petitioner has

Patna High Court Cr.Misc. No.48672 of 2017 (2) dt.10-11-2017 2/2 not been sent up for trial. Differing with the police report, the court below, after taking cognizance, has summoned this petitioner also because of which he apprehends his arrest. Considering the submission advanced on behalf of the petitioner that the investigation is completed and the petitioner is ready to make himself available before the court below, as and when required, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Danapur, in connection with Rupaspur P.S. Case No. 182 of 2013, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself/herself before the police/Court, as the case may be, as and when required and in the event of failure on his/her part to appear before the Court on two consecutive occasions, his/her bail bond shall be liable to be cancelled.

Praveen-II/- (Chakradhari Sharan Singh, J) U T