Santu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64241 of 2023 Arising Out of PS. Case No.-150 Year-2023 Thana- UDWANTNAGAR District- Bhojpur ====================================================== SANTU KUMAR SON OF KAMLESH YADAV RESDIENT OF VILLAGEJAYA NAGAR, PS- UDWANT NAGAR, DIST- BHOJPUR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shiv Prasad Gupta, Advocate For the Opposite Party/s :
Mr. Pranav Kumar , Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-10-2023 Heard learned counsel for the petitioners and the State .
2. Petitioners apprehend arrest in a case registered for the offences punishable under sections 147, 148, 149, 342, 307, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.
3. It is alleged that all the FIR named accused persons including this petitioner surrounded the son of the informant and one of the co-accused persons, namely, Shambhu Yadav shot fire upon the son of the informant in which he sustained injury .
4. It is submitted that the petitioner has been made accused in this case due to dispute over land. Allegation of
Patna High Court CR. MISC. No.64241 of 2023(2) dt.16-10-2023 2/2 assault is general and omnibus against this petitioner and no specific overt act has been alleged against him. The specific allegation of causing fire arm injury to the son of the informant is against co-accused Sambhu Yadav and Tilak Dhari Yadav. Petitioner claims clean antecedent. Similarly situated coaccused persons have already granted bail by this Court vide order dated 08.08.2023 in Cr. Misc. No. 44647 of 2023 .
5. Learned counsel for the State opposes the bail petition of the petitioners.
6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bonds of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Udawantnagar P.S. case no. 150 of 2023 subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure (Prabhat Kumar Singh, J) Koushik/- U T