Santosh Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45447 of 2018 Arising Out of PS.Case No. -43 Year- 2018 Thana -SHEIKHOPUR SARAI District- SEKHPURA ======================================================
1. Santosh Kumar Son of late Ashok Garain
2. Sonu Kumar Son of Shankar Raut Both Resident of VillageMahananpur, P.S. Sheikhpur Sarai, District- Sheikhpura. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ravi Prakash For the Opposite Party/s : Mr. Sri Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-08-2018 Heard the parties. The petitioners seek anticipatory bail in connection with Sheikhopur Sarai P.S. Case No. 43 of 2018, registered for offences punishable under Sections 147, 148, 149, 323, 324, 307, 337 and 338 of the Indian Penal Code.
As per F.I.R., allegation against the petitioner No.1 is of assault by khanti on the head of the Bhabhi of the informant and petitioner No. 2 is of assault his cousin Nitish Kumar with danda, causing injuries.
Submission of the learned counsel for the petitioners is that they have been falsely implicated in this case and there is a case and counter case between the parties. It is further submitted
Patna High Court Cr.Misc. No.45447 of 2018 (2) dt.02-08-2018 2/2 that the injuries are simple in nature which will appear from Annexure-2. It is further submitted that the petitioners have no criminal antecedents.
Learned A.P.P. opposes the prayer for bail.
Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioners, above named, surrenders be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand)each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 1st Sheikhpura in connection with Sheikhopur Sarai P.S.Case No. 43 of 2018, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. with condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(Vinod Kumar Sinha, J) Sudha/- U T