Santosh Yadav @ Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60374 of 2022 Arising Out of PS. Case No.-114 Year-2018 Thana- MURLIGANJ District- Madhepura ====================================================== Santosh Yadav @ Santosh Kumar Son of Tejo @ Tej Narayan Yadav R/VBelo Hatha Tola, P.S- Murliganj, Dist- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sharda Nand Mishra, Advocate For the Opposite Party/s :

Mrs. Rina Sinha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-12-2022 Learned counsel for the petitioner has filed supplementary affidavit.

Let it be kept on record.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 341, 323, 307, 504, 506, 379, 34 of the Indian Penal Code and Section 27 of Arms Act.

According to prosecution case, on 25.03.2018 when the informant Rajesh Kumar was returning to his house Hatta Tola, on way, the miscreants six in number with arms appeared and encircled the informant and ordered the informant to stop his bike. After this, Tejo alias Tej Narayan Yadav snatched away a gold-chain worth Rs.37,500/- and a cash of Rs.10,500/- from the neck of informant, and on order of

Patna High Court CR. MISC. No.60374 of 2022(2) dt.22-12-2022 2/2 Khikhar alias Ramchandra Yadav ordered to kill the informant, the Santosh Yadav (petitioner) shot bullet, which hit into arm of informant causing badly injury. When the brother of the informant namely, Mukesh Kumar raised alarm, then they all fled away.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case and he has no criminal antecedent as mentioned in para-3 of this application. He further submits that after investigation the police has submitted final form against the petitioner but the court below differing with the final form took cognizance against the petitioner.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) 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 Murliganj P.S. Case No. 114 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) mdrashid/- U T