← Library
Patna High CourtCR. MISC./50648/2023bail granted

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

2023-09-12Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50648 of 2023 Arising Out of PS. Case No.-393 Year-2022 Thana- OBRA District- Aurangabad ====================================================== SANTOSH CHAUDHARY @ SANTOSH KUMAR @ SANTOSH KUMAR CHAUDHARY SON OF VIRENDRA CHAUDHARY @ PULLU CHAUDHARY RESIDENT OF VILLAGE- NAVNER, PS- OBRA, DISTTAURANGABAD ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhaneshwar Prasad Gupta, Adv.

For the Opposite Party/s :

Mr.Madan Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-09-2023 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 341, 323, 504, 307, 34 of the Indian Penal Code.

3. Allegedly, all the accused persons including this petitioner came to the informant and assaulted the informant brutally due to which he sustained injuries.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. Both the parties are agnates. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner

Patna High Court CR. MISC. No.50648 of 2023(3) dt.12-09-2023 2/2 is not specific rather general and omnibus in nature. It is further submitted that two co-accused persons have already surrendered before the learned Court below. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for bail and submits that one injury sustained by the informant was found grievous in nature, hence petitioner does not deserve anticipatory bail.

6. Having regard to the facts and circumstances of the case, as there is general and omnibus allegation against the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Obra P.S. Case No. 393 of 2022 subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T