Satish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68966 of 2023 Arising Out of PS. Case No.-424 Year-2018 Thana- GAYA KOTWALI District- Gaya ====================================================== SATISH KUMAR SON OF SRI RAJENDRA PRASAD RESIDENT OF MOHALLA- BANGLA ASTHAN, PAHASI, P.S.- KOTWALI, DISTRICTGAYA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shweta Anand Mr. Ajit Anand For the Opposite Party/s :
Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 01-11-2023
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Kotwali Police Station Case No. 424 of 2018 dated 03.09.2018, disclosing offences under Sections 307/323/341/354/379/34 of the Indian Penal Code.
3. The prosecution case, on the basis of the First Information Report, is that while the informant was coming along with his wife and son and was having refreshment in a shop, two persons arrived on the motorcycle and three other persons also joined them. They started teasing the wife of the informant. Upon protest being made, they abused the informant and assaulted him with the butt of the pistol
Patna High Court CR. MISC. No.68966 of 2023(2) dt.01-11-2023 2/3 and fled away along with golden chain of informant's wife and some amount. Upon enquiry, the informant came to know that the petitioner along with other accused persons were involved in the incident.
4. Learned Counsel for the petitioner submits that the petitioner is innocent and has been implicated in this case due to local politics. He next submits that the petitioner is a dry-fruit vendor, having no criminal antecedent. He further submits that the allegations against the petitioner is general and omnibus in nature and no incriminating article has been recovered from the possession of the petitioner.
5. Regards being had to the submissions made on behalf of the parties and taking into consideration the generality of the allegations, the fact that the petitioner has got no criminal antecedent and similarly situated co-accused person has been granted bail by this Court in Criminal Miscellaneous No. 7309 of 2023, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be
Patna High Court CR. MISC. No.68966 of 2023(2) dt.01-11-2023 3/3 released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya, in connection with Kotwali Police Station Case No. 424 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) ashwani/- U T