Patna High CourtCR. MISC./50493/2022bail granted

Santosh Kumar v. The State Of Bihar

2022-12-19Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50493 of 2022 Arising Out of PS. Case No.-145 Year-2020 Thana- RAJEPUR District- East Champaran ====================================================== SANTOSH KUMAR S/o Late Rajmangal Ray R/o village- Gosaipur, P.S.- Rajepur, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Ranjan For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-12-2022 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 147, 148, 149, 447, 341, 323, 324, 307, 504, 506 of the Indian Penal Code.

As per prosecution case, FIR named co-accused persons including this petitioner armed with weapons assaulted the informant and his family members, as a result of which, four persons sustained injury.

Learned counsel for the petitioner submits that there is case and counter case. Police, after investigation, submitted final form against this petitioner. Similarly situated co-accused persons have already been granted anticipatory bail by this Court, vide order dated 29.02.2022 passed in Cr.Misc. No. 27159 of 2022. Petitioner has got clean antecedent.

Patna High Court CR. MISC. No.50493 of 2022(2) dt.19-12-2022 2/2 However, learned counsel for the informant vehemently opposes the prayer for anticipatory bail and submits that petitioner is named in the FIR and there is specific accusation of assault against him. The injury caused by him is grievous also.

However, considering the fact that police after investigation submitted final form against this petitioner and petitioner has got clean antecedent, let the above named petitioner, in the event of his arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate I, East Champaran, Motihari in Rajepur P.S.Case No. 145 of 2020, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay/- U T