Santosh Kumar @ Nakku Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51850 of 2019 Arising Out of PS. Case No.-160 Year-2017 Thana- DHANARUA District- Patna ====================================================== SANTOSH KUMAR @ NAKKU KUMAR Son of Late Surith Das Resident of Village- Mishri Chak, P.S.- Dhanarua, District- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sheo Nandan Pandit For the Opposite Party/s :
Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-08-2019 The petitioner apprehends his arrest in connection with Dhanrua P. S. Case No. 160 of 2017 registered under Sections 147,148,149,307,323,341,354B,379 and 452 of the Indian Penal Code.
Allegation against the petitioner, as per FIR, is that when informant was eating eggs near a shop, in the meanwhile, his co-villager Santosh Kumar @ Naku Kumar in inebriating condition assaulted the informant and snatched his mobile phone and Rs. 15,000/- from his pocket. It has further been alleged that subsequently nephew of the informant Kapil Kumar went to house of the petitioner where the petitioner along with others assaulted him with butt of the pistol causing injury near his eye. It has further been alleged that all accused persons entered into the house of the informant and co-accused Chandan
Patna High Court CR. MISC. No.51850 of 2019(2) dt.20-08-2019 2/3 Kumar tried to outrage the modesty of the daughter-in-law of the informant and snatched her Mangalsutra.
Learned counsel appearing on behalf of the petitioner submits that petitioner and the informant are co-villager and petitioner has falsely been implicated in this case. He submits that from perusal of the impugned order, it appears that case diary was called for but there is no whisper about any injury caused to the informant and his nephew and other co-accused persons have been granted bail by a co-ordinate Bench of this Court vide Cr.Misc. No. 59861 of 2017.
After having heard learned counsel for the parties and taking into consideration the fact that both parties are covillager and no injury report is there on record and further other co-accused have been granted anticipatory bail, as such I am inclined to grant anticipatory bail to the petitioner. Let the petitioner, above-named, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned SDJM, Masaurhi in connection with Dhanarua P.S.Case No. 160 of 2017; subject to condition as laid down under Section 438(2) of
Patna High Court CR. MISC. No.51850 of 2019(2) dt.20-08-2019 3/3 the Code of Criminal Procedure.
(Anil Kumar Sinha, J) sujit/- U T