Santosh Kumar @ Santosh Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8050 of 2021 Arising Out of PS. Case No.-171 Year-2020 Thana- SHIVSAGAR District- Rohtas ====================================================== 1.

SANTOSH KUMAR @ SANTOSH PANDEY, son of Govind Pandey, 2.

Govind Pandey, 3.

Vijay Pandey, Both Sons of Srikishun Pandey Resident of Village- Nagi Samari, P.S.- Baddi, Distt- Rohtas at Sasaram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bachan Jee Ojha, Advocate For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 30-11-2021 Heard the parties.

Learned counsel for the petitioners seeks permission to withdraw this application on behalf of the petitioner no.1. He further submits that he also seeks permission to withdraw this application on behalf of the petitioner no.3, he has been arrested.

Accordingly, this application is dismissed as withdrawn against petitioner nos. 1 and 3.

The petitioners are apprehending their arrest in connection with Sheosagar (Baddi) P.S. Case No.171/2020, registered for the offence punishable under Sections 341, 323, 504, 506, 324, 307, 325/34 of the Indian Penal Code. Allegation against the petitioners alongwith other

Patna High Court CR. MISC. No.8050 of 2021(2) dt.30-11-2021 2/2 accused persons is said to have assaulted the informant. Learned counsel for the petitioners submits that the petitioner no.2 is innocent and has falsely been implicated in this case. There is general and omnibus allegation against him. The petitioner no.2 has got no criminal antecedent, which is mentioned in para 3 of the bail application.

Learned APP for the State vehemently opposes the prayer for bail of the petitioner.

In the aforesaid facts, this application is allowed. Let the petitioner no.2, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Rohtas at Sasaram in connection with Sheosagar (Baddi) P. S. Case No. 171/2020, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Sandeep Kumar, J) amitkumar/- U T