Suman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10124 of 2016 Arising Out of PS.Case No. -50 Year- 2016 Thana -AURANGABAD TOWN DistrictAURANGABAD ======================================================

1. Suman Kumar Son of Bachesh Chandra Ambast Resident of MohallaBarathpur , Dharnidhar road, Police Station Aurangabad,District Auranagabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kanhaiya Singh Mr. Raghwendra Pratap Singh For the Opposite Party/s : Mr. Ram Priya Sharan Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03-03-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. One Santosh Kumar, was arrested by the police in connection with Aurangabad Town P.S.Case No.521 of 2015 and hot exchange of words took place between Santosh Kumar and police party and after that, Santosh Kumar called his family members and employees and, thereafter, petitioner and others attacked on police party causing injury to the police personnel and in that course, petitioner is said to have snatched mobile phone from the informant.

Submission on behalf of the petitioner is that the

Patna High Court Cr.Misc. No.10124 of 2016 (2) dt.03-02-2016 2/2 aforesaid Santosh Kumar had already been granted privilege of bail in connection with Aurangabad Town P.S.Case No. 521 of 2015 by the Court of Chief Judicial Magistrate, Aurangabad on the day of institution of the present case but in spite of grant of bail, the informant and other police officials caught the aforesaid Santosh Kumar with an intent to fetch money from him which was opposed by the petitioner and his other family members resulting institution of this false case. Moreover, the so called injuries received by police personnel are simple in nature and no specific overt act has been attributed against the petitioner. Furthermore, it is pointed out that petitioner is in jail custody since 11.02.2016.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Aurangabad in connection with Aurangabad Town P.S.Case No. 50 of 2016.

(Hemant Kumar Srivastava, J) N.K/- U T