Santosh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10563 of 2018 Arising Out of PS. Case No.-199 Year-2017 Thana- BAKHTIARPUR District- Saharsa ====================================================== Santosh Kumar, S/o Ram Prasad Sharma, R/o Village- Kumadan Tola Ward No.03, P.S.- Simri Bakhtiarpur, District- Saharsa. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shiva Shankar Sharma For the Opposite Party/s :
Mr. SRI ANANT KUMAR ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 22-02-2018 Heard learned counsel for the petitioner and the learned APP for the State.
Petitioner, already in custody, seeks bail in connection with Bakhtiarpur P.S. Case No.199 of 2017, registered under Sections 302 and 324/34 of the Indian Penal Code.
Allegation in brief is that due to land dispute over the issue of erecting boundary wall, the petitioner is said to have dragged down the informant's father and assaulted on his back with the back of the spade causing his death.
Learned counsel for the petitioner submits that the allegation is false, petitioner is made accused due to land dispute. The allegation is that he assaulted on the back of the deceased by back of the spade, a heavy instrument, but the postmortem report reveals that no external injury, opinion has been
Patna High Court Cr.Misc. No.10563 of 2018(2) dt.22-02-2018 2/2 reserved due to non-availability of Biochemical report of the viscera, the investigation has been completed and the petitioner is in custody since 05.07.2017 having no criminal antecedent. Having considered the said facts and circumstances, petitioner Santosh Kumar is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Saharsa in connection with Bakhtiarpur P.S. Case No.199 of 2017.
(Arun Kumar, J) S.KUMAR/- U T