Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1285 of 2023 Arising Out of PS. Case No.-300 Year-2022 Thana- TURKAULIYA District- East Champaran ====================================================== Santosh Kumar Son Of Late Rajendra Singh R/O Vill.- Ratanpur, P.S.- Turkauliya (Banjariya), Distt.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjana Srivastava For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-07-2023 Heard both parties.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 307, 379 and other allied sections of the Indian Penal Code and section 27 of the Arms Act.

As per the prosecution case, all the FIR named accused persons including petitioner having armed with weapons came at the house of informant and assaulted him due to which he sustained injuries. It is further alleged that on the point of pistol they also snatched cash and jewellery. The cause of occurrence is that earlier Banjariya PS Case No. 355 of 2021 was filed by the informant against the accused persons and after being released on bail, the accused persons started

Patna High Court CR. MISC. No.1285 of 2023(4) dt.03-07-2023 2/2 threatening the informant to compromise the said case and on refusal, the accused persons assaulted the informant. It is submitted that there is general and omnibus allegation and no specific overt act has been alleged against this petitioner. The doctor has found the injury sustained by the informant simple in nature.

Counsel for State vehemently opposed the prayer for bail and submitted that there is specific allegation of assault against petitioner and others.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner above-named on anticipatory bail in connection with Turkauliya (Banjariya) P.S. Case No. 300 of 2022. Accordingly, the same is rejected.

(Prabhat Kumar Singh, J) vinita/- U T