Patna High CourtCR. MISC./76642/2023bail granted

Santosh Das @ Santosh Kumar Suman v. The State Of Bihar

2023-12-04Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76642 of 2023 Arising Out of PS. Case No.-250 Year-2023 Thana- SANGRAMPUR District- Munger ====================================================== Santosh Das @ Santosh Kumar Suman, aged about 27 years, Gender (Male), son of Jeevan Das, Resident of Village Sanhauli, P.S. Sangrampur, Dist. Munger.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjeet Patel, Adv.

For the Opposite Party/s :

Mr.Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sangrampur P.S. Case No. 250 of 2023 instituted for the offences under Sections 341, 323, 307, 325, 354(A), 504, 506/34, 509 of the Indian Penal Code.

3. As per prosecution case, the accused persons including the petitioner have assaulted the Informant.

4. The specific allegation against the petitioner is of assaulting the Informant on his head with iron rod causing head injury due to which blood started oozing.

5. Learned counsel for the petitioner submits that the petitioner is innocent person and has falsely been implicated in the present case. The Informant is the own uncle of the

Patna High Court CR. MISC. No.76642 of 2023(2) dt.04-12-2023 2/2 petitioner. He further submits that the nature of injury is said to be simple in nature. Hence, no offence under Section 307 IPC is made out against the petitioner. He further submits that there is complete violation of Section 100 of the Cr.P.C. The petitioner has got no criminal antecedent as has been stated in paragraph no.3 of the present bail application.

7. The petitioner is languishing in judicial custody since 04.09.2023.

8. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

9. Considering the entire facts and circumstances of the case as also taking into account the nature of injury and the petitioner having no criminal antecedent, this Court is inclined to grant bail to the petitioner.

10. Let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sangrampur P.S. case No. 250 of 2023.

(Rudra Prakash Mishra, J) rishi/- U T