Santosh Kumar Gupta @ Santosh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63979 of 2024 Arising Out of PS. Case No.-220 Year-2024 Thana- RAGHUNATHPUR District- Siwan ====================================================== Santosh Kumar Gupta @ Santosh Sah Son of Shankar Sah @ Rama Shankar Gupta Resident of village- Amwari, P.S.- Raghunathpur. Dist.- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Pandey, Adv.

For the State :

Mr.Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-10-2024 Heard Mr. Ajay Kumar Pandey, learned counsel for the petitioner and Mr. Dilip Kumar No.1, learned APP for the State. 2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 126(2)/115(2)/109/352/351(1)/303(2)3(5) Bhartiya Nyaya Sanhita, 2023.

3.

As per the prosecution case, the petitioner along with other co-accused are said to have surrounded the informant and tied him in a pillar and it is alleged that the petitioner assaulted on right side by lathi, causing injury near the right eye. Other co-accused assaulted the informant and his daughter. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to grudge. No such

Patna High Court CR. MISC. No.63979 of 2024(2) dt.01-10-2024 2/2 occurrence, in the manner as alleged, has ever taken place. There is an admitted land dispute between the parties and the injury of the injured was found simple in nature which is clear from Annexure-2 of the bail petition. Petitioner has two criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, since the injury was found simple in nature, 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 Raghunathpur P.S. Case No.220 of 2024, subject to the conditions as laid down under Section 482(2) of the BNSS, 2023.

(Anjani Kumar Sharan, J) pallavi/- U T