Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12984 of 2016 Arising Out of PS.Case No. -50 Year- 2016 Thana -AURANGABAD TOWN DistrictAURANGABAD ======================================================

1. Santosh Kumar son of Bachesh Chandra Ambastha, Resident of MohallaBaratpur, Dharnidhar Road, P.S.- Aurangabad Sadar, District- Aurangabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dr. Rajesh Kumar Singh For the Opposite Party/s : Mr. Sadanand Paswan (Spl. Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 12-04-2016 Heard both sides.

The petitioner owns a show room of Hero Honda. The police including the informant arrived in connection with a case registered against the petitioner under Section 420 of the IPC and Section 138 of the N.I. Act. It is alleged that he was abused and at the behest of the petitioner his other friends and employees assaulted the police personnel. Indisputably, the injured obtained minor injuries. It is alleged that he was also abused in the name of caste.

It is stated that on 10.2.2016 the occurrence is said to have taken place and the petitioner had already surrendered and released on bail in the case registered under Section 420 IPC

Patna High Court Cr.Misc. No.12984 of 2016 (2) dt.12-04-2016 2/2 lodged by one of his business partners on that day. There is counter version also.

The allegation being trivial, the Court was inclined to extend the privilege of anticipatory bail but Section 18 of the Act disables the Court to grant anticipatory bail. The application is disposed of permitting the petitioner to surrender and seek bail. If he does so, I am sure, the Court below shall consider his case and dispose of the same on its own merit in accordance with law. (Kishore Kumar Mandal, J) Shyam/- U T