Patna High CourtCR. MISC./80035/2023allowed

Santosh Kumar v. The State Of Bihar

2023-12-13Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80035 of 2023 Arising Out of PS. Case No.-314 Year-2022 Thana- DEV District- Aurangabad ====================================================== SANTOSH KUMAR SON OF BINDA RAM RESIDENT OF VILLAGEKATAIYA, TOLE DOMAN BIGHA, PS- DEO, DISTT- AURANGABAD ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar Singh For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 148, 149, 323, 324, 326, 307 of the Indian Penal Code.

3. As per prosecution case, the petitioner is alleged to have assaulted the father of the informant by means of Kudal due to which he sustained injury. Other accused persons also assaulted the informant as well as his family members.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. For the alleged occurrence of 24.10.2022, the complaint was lodged in delay of more than one months. There is also case and counter case, both parties

Patna High Court CR. MISC. No.80035 of 2023(2) dt.13-12-2023 2/2 have sustained injuries as alleged in separate occurrence. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition. It is further submitted that the petitioner is languishing in judicial custody since 10.9.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail in connection with Deo P.S. Case No. 314 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Aurangabad.

(Sunil Kumar Panwar, J) Amandeep/- U T