Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71762 of 2019 Arising Out of PS. Case No.-490 Year-2018 Thana- DINARA District- Rohtas ====================================================== 1.

Santosh Kumar 2.

Ashok Kumar 3.

Saroj Kumar All Sons of Late Daya Shankar Singh Resident of VillageArang, P.S.-Dinara, District-Rohtas. 4.

Raju Singh Son of Hareshwar Rai 5.

Bank Singh Son of Dharmedeo Singh Both Resident of Village-Semari, P.SDinara, District-Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwari For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 10-12-2019 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State. Petitioners are apprehending their arrest in Dinara (Bhanas) P.S. Case no. 490/2018 registered under sections 341, 379, 384, 504 and 506/34 of the IPC.

Counsel for the petitioners submits that allegations are based on extraneous consideration as petitioners are Gotias of the informant and there is subsisting dispute among the Angates. Petitioners are having no criminal antecedent. There is no recovery whatsoever from the petitioners. Even during investigation other than restatement of the informant, nothing

Patna High Court CR. MISC. No.71762 of 2019(3) dt.10-12-2019 2/2 has come to support the allegation.

Learned A.P.P. opposes the prayer for bail.

Considering the aforesaid submissions, prayer for anticipatory bail is allowed.

In the event of arrest/ surrender within four weeks from the date of receipt of a copy of the order in the court below, petitioners shall be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate, Bikramganj, Rohtas in Dinara (Bhanas) P.S. Case no. 490/2018 subject to the condition under section 438(2) Cr.P.C and other conditions.

(1) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the petitioners.

(2) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled.

s.hassan/- (Madhuresh Prasad, J) U T