Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57104 of 2025 Arising Out of PS. Case No.-48 Year-2025 Thana- TELMAR District- Nalanda ====================================================== 1.

Santosh Kumar S/o Late Arvind Singh @ Aravind Singh R/o Laluahdih, P.S - Telmar, District - Nalanda, Bihar - 803204, India 2.

Babloo Kumar @ Bablu Kumar S/o Late Arvind Singh @ Aravind Singh R/o - Laluahdih, P.S - Telmar, District - Nalanda, Bihar - 803204, India ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Shankar Roy, Adv.

For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-08-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Telmar P.S. Case No. 48 of 2025 dated 09.06.2025 registered for the offences punishable u/ss 118(1), 118(2), 109 read with Section 3(5) of the B.N.S. and Section 27 of the Arms Act.

3. As per the prosecution case, on 08.06.2025, in the night, the informant came out of the house, all the five accused persons including the petitioners opened fire causing injury on the right leg above the knee. On noise, the villagers came there then the accused persons fled away from the spot. Thereafter,

Patna High Court CR. MISC. No.57104 of 2025(2) dt.25-08-2025 2/3 the informant was taken to the hospital for treatment.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. There is general allegation of firing against the five accused persons and no any specific overt act has been alleged against the petitioners. Learned counsel has further submitted that all the five accused persons opened fire but only one injury is alleged to be caused in leg (non vital part) of the body which shows that there was no any intention to kill as such no offence u/s 109 of the B.N.S. is made out. It is further submitted that the injured sustained injury which is simple in nature. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 10.06.2025.

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

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to 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

Patna High Court CR. MISC. No.57104 of 2025(2) dt.25-08-2025 3/3 learned Court concerned, Nalanda at Biharsharif in connection with Telmar P.S. Case No. 48 of 2025 with the condition :- (i) The petitioners are directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioners are liable to be cancelled.

7. The application stands allowed.

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