Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59871 of 2023 Arising Out of PS. Case No.-143 Year-2023 Thana- CHANDI District- Bhojpur ====================================================== 1.

SANTOSH KUMAR Son of Shiv Kumar Singh Resident of Village-Bhairo Tola, P.S.-Chandi, District-Bhojpur.

2.

RAUSHAN KUMAR Son of Nand Kishore Singh Resident of VillageBhairo Tola, P.S.-Chandi, District-Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Ataul Haque, Advocate For the Opposite Party/s :

Mrs.Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-11-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The Petitioners are apprehending their arrest in a case in connection with Chandi P.S. Case No. 143 of 2023 dated 25.05.2023 registered for the offences punishable u/ss 341, 323, 307, 504 read with section 34 of the Indian Penal Code.

3. As per the prosecution case, both the petitioners are alleged to have assaulted on the head of the informant with lathi and iron rod and the other co-accused persons also assaulted and molested the informant. It is further alleged that they also snatched a golden chain worth Rs. 70,000/- from the informant.

4. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. There is

Patna High Court CR. MISC. No.59871 of 2023(3) dt.01-11-2023 2/2 general and omnibus allegation against the petitioners. Learned counsel has further submitted that there is a case and counter case between the parties. It is further submitted that the injury of the injured is on non-vital part of the body i.e. hand. The petitioner no. 1 has one criminal antecedent whereas the petitioner no. 2 has clean antecedent as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case and the allegation being general and omnibus, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court concerned, Bhojpur at Ara in connection with Chandi P.S. Case No. 143 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

7. This application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T