Santosh Kumar @Santosh Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53198 of 2023 Arising Out of PS. Case No.-60 Year-2021 Thana- BHADAUR District- Patna ====================================================== Santosh Kumar @SANTOSH Singh Son Of Late Chandramauly Singh@ Late Sri Mauli Singh @ Maully Singh Resident Of Village- Masathu , PsBelchchi, Distt- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dhananjay Kumar For the Opposite Party/s :
Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-08-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.
2. Heard learned counsel for the petitioner and learned A.P.P for the State.
3. The petitioner has preferred this application for grant of regular bail in connection with Bhadaur P.S. Case No. 60 of 2021 dated 08.08.2021 registered for the offences punishable under Sections 147, 148, 149, 448, 324, 326, 307, 120B and 504 of the Indian Penal Code and Section 27 of the Arms Act.
4. As per the prosecution case, the petitioner and the co-accused persons along with 3-4 unknown persons armed with
Patna High Court CR. MISC. No.53198 of 2023(2) dt.24-08-2023 2/3 weapons came and abused the informant and the co-accused Chotan Singh ordered to kill the informant. Upon the order, the petitioner and the co-accused persons opened fire and caused multiple firearms injuries to the informant.
5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. The petitioner is member of the mob. The other coaccused person has already been granted Anticipatory bail by the Co-ordinate Bench vide order dated 10.11.2022 passed in Cr. Misc. No. 23701 of 2022. The petitioner is accused in three other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 23.05.2023.
6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the informant sustained 15-16 injuries.
7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Patna in connection with Bhadaur P.S. Case No. 60
Patna High Court CR. MISC. No.53198 of 2023(2) dt.24-08-2023 3/3 of 2021.
8. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T