Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50069 of 2019 Arising Out of PS. Case No.-124 Year-2019 Thana- HAJIPUR District- Vaishali ====================================================== SANTOSH KUMAR, aged about 25 years, Sex-Male, Son of Bihari Rai, Resident of Village - Dighi Khurd Mahto Tola, P.S.- Hajipur Sadar, DistrictVaishali. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Anish Chandra, Advocate.

For the Opposite Party :

Mr.Md. Mushtaque Alam, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-08-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 20.05.2019 in a case for the offence registered under Sections 147, 148, 341, 323, 324, 307, 379, 504 and 506 of the IPC. The prosecution story, in brief, is that on 11.02.2019 at about 6.00 P.M., while the informant was watching the procession for consignment of the Idol of Goddess Sarswati, Santosh Kumar (petitioner) and other co-accused started abusing him. On protest, he was assaulted with Sword, Farsa, Barbed Iron rod and Lathi etc. When some persons came to rescue him they were also assaulted by the accused persons. Co-

Patna High Court CR. MISC. No.50069 of 2019(2) dt.09-08-2019 2/3 accused Mukesh Kumar with an intention to kill him gave a blow through barbed iron rod upon him causing face, back and arms injury. Ranjeet Kumar, an Advocate was also assaulted with Farsa by Santosh Kumar (petitioner) causing cut injury in his hand. Accused persons snatched money from their pockets and golden chain also from their possession. The informant was admitted in Hospital for treatment.

It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The allegation is of single Farsa blow. No repetition has been made. Injury is on non-vital part of the body of the informant. No offence under Section 307 of the IPC is made out.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Vaishali at Hajipur, in connection with Hajipur Nagar P.S. Case

Patna High Court CR. MISC. No.50069 of 2019(2) dt.09-08-2019 3/3 No. 124 of 2019.

(Sudhir Singh, J) U.K./- U T