Santosh Daun @ Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54094 of 2018 Arising Out of PS. Case No.-209 Year-2018 Thana- RAHUI District- Nalanda ====================================================== Santosh Daun @ Sanjay Kumar S/o Late Nasib Lal @ Late Virendra Prasad, R/o Vill.- Khidar Chak, P.S.- Rahui (Bhagan Bigha), District- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satya Prakash For the Opposite Party/s :

Mr. Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 147, 149, 323, 307, 504 of the Indian Penal Code.

The prosecution case, in short, is that the petitioner and 810 unknown persons assaulted the son of the informant. It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. From perusal of the F.I.R., it appears that the victim has been assaulted by fists and slaps. No weapon is alleged to have been used in course of occurrence. There is no injury report on record to suggest that an offence under Section

Patna High Court Cr.Misc. No.54094 of 2018(3) dt.05-10-2018 2/2 307 of the I.P.C. is made out.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Nalanda at Biharsharif in connection with Rahui P.S. case No.209 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T