Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8005 of 2021 Arising Out of PS. Case No.-259 Year-2019 Thana- FATEHPUR District- Gaya ====================================================== 1.

Santosh Kumar Son of Jaldhari Yadav R/O Village- Kudiya, P.S.- Fatehpur, Dist.- Gaya.

2.

Nitish Kumar Son of Sadhu Yadav R/O Village- Jogiya Maran, P.S.- Rajauli, Dist.- Nawada.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gajendra Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Jai Prakash Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-12-2021 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 324, 307, 379, 504, 506 and 34 of the Indian Penal Code. Allegation against the petitioners alongwith other accused persons is said to have assaulted the informant and his family members.

It has been submitted by learned counsel for the petitioner that the petitioners are innocent and have falsely been implicated in this case. There is land dispute and case and counter case between the parties. Both parties are sustained

Patna High Court CR. MISC. No.8005 of 2021(2) dt.07-12-2021 2/2 injuries and the injuries are simple in nature. There is general and omnibus allegation against the petitioners. The petitioners have 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 application.

In the aforesaid facts and circumstances of the case, let the petitioners, above named, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/ successor Court, in connection with Fatehpur (Gurpa) P.S. Case No. 259/2020, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Sunil Kumar Panwar, J) amitkumar/- U T