Santosh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78819 of 2023 Arising Out of PS. Case No.-106 Year-2023 Thana- KAJRA District- Lakhisarai ====================================================== Santosh Kumar Son Of Late Ramsakal Mandal Resident Of VillageSahmalpur, P.O.- And P.S.- Kajra, Shivpur, Dist- Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Deepali Singh, Advocate Mr. Sumeet Kr. Singh, Advocate Mrs.Alka Singh, Advocate For the Opposite Party/s :
Mr.Dashrath Mehta, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-01-2024 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.
2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
3. The petitioner is apprehending his arrest in connection with Kajra P.S. Case No. 106 of 2023 dated 23.07.2023 registered for the offences punishable under Sections 341, 323, 325, 307, 379, 504/34 of the Indian Penal Code.
4. As per the prosecution case, the petitioner and the co-accused persons holding deadly weapons assaulted the
Patna High Court CR. MISC. No.78819 of 2023(2) dt.22-01-2024 2/3 informant near Laxmi temple, causing injuries on his head, hands and legs. Then, the petitioner snatched Rs. 5,000/- from his pocket and the co-accused Sohan Kumar snatched his golden chain. When the informant's brother came to rescue, the coaccused persons abused him and the co-accused, Mohan Kumar assaulted him with an iron rod, causing injuries on his back, knee, hand and temple. Further, on the same day at 9 PM, the petitioner and the co-accused persons in the state of intoxication assaulted Prashant Kumar, causing cut injuries on his both legs.
5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The petitioner is accused in one more criminal case as stated in para 3 of the bail petition. There is a case and counter case between both the parties. Learned counsel has submitted that the injuries are simple in nature. The other co-accused persons have already been granted bail by the Co-ordinate Bench vide order dated 10.01.2024 passed in Cr. Misc. No. 77721 of 2023.
6. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.
7. Considering the aforesaid facts and circumstances of the case as well as the injuries being simple in nature, let the above named petitioner, in the event of his arrest/surrender
Patna High Court CR. MISC. No.78819 of 2023(2) dt.22-01-2024 3/3 within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Lakhisarai in connection with Kajra P.S. Case No. 106 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.
8. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T