Santosh Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49595 of 2022 Arising Out of PS. Case No.-192 Year-2021 Thana- ATHMALGOLA District- Patna ====================================================== SANTOSH RAI S/O RAJDEO RAI Resident of Dariyapur, P.S.- Athmalgola, District- Patna ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shailendra Kumar Jha For the Opposite Party/s :
Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 12-01-2023 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month. Heard learned counsel for the petitioner as well as learned APP for the State.
The petitioner apprehends his arrest in connection with Athmalgola P.S. Case No. 192 of 2021, registered for the offences punishable under Sections 147, 148, 149, 341, 342, 323, 325, 337, 338, 307 of the Indian Penal Code and 27 of the Arms Act. As per allegation, 15 named accused persons started chasing Bauli Rai. They pelted stones whereby some persons became injured. Co-accused Nitish Kumar, fired shot which hit at the thigh of the Bauli Rai.
Learned counsel for the petitioner has submitted that there is case and counter case. Both the sides have became injured. The
Patna High Court CR. MISC. No.49595 of 2022(2) dt.12-01-2023 2/2 specific allegation is against co-accused Nitish Kumar and the allegation against the petitioner is general and omnibus in nature. Considering the above-mentioned facts and circumstances, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned SDJM Barh in connection with Athmalgola P.S. Case No. 192 of 2021, subject to the conditions as laid down under Section 438(2) Cr.P.C.
Office shall ensure that all defects are removed by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey, J) SONALI/- U T