Santosh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59863 of 2022 Arising Out of PS. Case No.-503 Year-2022 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Santosh Kumar Son Of Prameshwar Rai R/O Village- Hilalpur Ekquniya Patti, P.S.- Sadar Hajipur, District- Vaishali ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kumar Ravish, Advocate For the Opposite Party/s :
Mr.Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 07-02-2023 Heard learned counsel for the petitioner, learned counsel for the informant and the learned A.P.P. for the State. The petitioner seeks bail in a case registered for the offence under Sections 147, 148, 149, 341, 307, 427, 384, 386, 506, 120-B of IPC, Section 27 of Arms Act and Sections 3 and 4 of the Explosive Substance Act.
According to FIR, prosecution story in brief is that on 03.07.2022 Vedanand Singh alongwith his two brothers and his known person Ravi Kumar Mishra and land purchaser Ranveer Kumar and labourers were doing boundary on the land. At about 4.00 P.M. accused Prince Kumar, Jitendra Kumar, Bhramdeo Rai, Arvind Kumar, Santosh Kumar, Dharmendra Rai, Ranjeet Kumar alongwith 20-25 unknown persons armed with arms explosives came there and it is also said that Prince Kumar, Jitendar Kumar, Brahmdeo Rai and Dharmendra Rai threw
Patna High Court CR. MISC. No.59863 of 2022(2) dt.07-02-2023 2/3 bomb on the informant's sides and vehicles and accused Arvind Kumar and Santosh Kumar started indiscriminate firing. As a result of firing and throwing bomb Scorpio and motorcycle have been badly damaged and Kundan Kumar, Arvind Singh and Sanjeev Singh have badly injured.
Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. He has falsely been implicated in the present case only on the basis of suspicion. He further submits that it appears from the FIR that the informant himself is not sure that the petitioner was involved in the present case and only on the basis of the disclosure made by other person, he has falsely implicated the petitioner in the present case. Further submits that no any incriminating article has been recovered from possession of the petitioner and the police, after investigation, submitted the chargesheet against the petitioner and the petitioner is in custody since 05.07.2022. Learned counsel for the informant and learned A.P.P. for the State, on the other hand, have vehemently opposed the prayer for bail of the petitioner.
Considering the aforesaid facts, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.59863 of 2022(2) dt.07-02-2023 3/3 each to the satisfaction of learned court below where the case is pending in connection with Hajipur Sadar P.S.Case No.503 of 2022 with the following conditions:-
(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Nitesh/- U T