Patna High CourtCR. MISC./70478/2022bail granted

Santosh Kumar v. The State Of Bihar

2023-05-05Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70478 of 2022 Arising Out of PS. Case No.-424 Year-2020 Thana- FATUA District- Patna ====================================================== SANTOSH KUMAR S/O Jaylal Singh R/O Village- Maksudpur, P.S- Fatuha, District- Patna ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Anand For the Opposite Party/s :

Mrs.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-05-2023 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in a case registered for the offence punishable under Section 307, 354 and some other ancillary Sections of the Indian Penal Code. As per the prosecution case, this petitioner along with other accused persons assaulted the informant and his father-inlaw with iron rod, Katta and Daab and also snatched gold Jitya and Mangal Sutra of the wife of informant.

Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. It is further submitted that petitioner is own brother of informant and property dispute between them is pending and in order to put pressure this false and concocted case has been filed against the petitioner. Petitioner has got clean antecedent. It is

Patna High Court CR. MISC. No.70478 of 2022(3) dt.05-05-2023 2/2 next submitted that there is delay of three days in lodging the FIR without any explanation. Petitioner has got clean antecedent.

Learned counsel appearing for the State opposes the prayer for anticipatory bail.

Considering the facts of the case, nature of accusation and clean antecedent of the petitioner, let the petitioner, above named, in the event of his arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-I, Patna City, Patna in connection with Fatuha PS case No. 424/ 2020, subject to conditions laid down u/s 438(2) of the Cr. P. C.

(Prabhat Kumar Singh, J) BKS/- U T