Santosh Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1798 of 2023 Arising Out of PS. Case No.-299 Year-2022 Thana- UDAKISHUNGANJ DistrictMadhepura ====================================================== Santosh Mehta @ Santosh Kumar S/o Lakhan Mehta R/o village- Madhuwan ward no. 04, P.S.- Udakishunganj, Distt- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Singh, Advocate For the Opposite Party/s :

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 13-04-2023 Let the defects, if any, pointed out by the office be removed within four weeks from the date of this order, failing which the matter be listed again under the appropriate heading for necessary action.

2.

Heard learned counsel for the petitioner and the learned APP for the State.

3.

Petitioner seeks regular bail in connection with Udakishunganj P.S. Case No. 299 of 2022 dated 06.09.2022 registered for the offences punishable under Sections 341, 323, 307, 354(A), 379, 504, 506 and 34 of the Indian Penal Code. 4.

The main submissions advanced by learned counsel for petitioner are that there is a case and counter-case in between both the parties, two persons are stated to have been assaulted by this petitioner but according to their injury reports they

Patna High Court CR. MISC. No.1798 of 2023(2) dt.13-04-2023 2/2 sustained simple injuries and an enmity in between both the parties is an admitted position and he has been languishing in jail since 04.11.2022 and the sister-in-law of the petitioner had filed Udakishunganj P.S. Case No. 294 of 2022 against the informant and her husband prior to lodging of the FIR of the present matter.

5.

Learned APP for the State has opposed the bail prayer of the petitioner.

6.

Considering the above submissions and mainly the nature of injuries found upon the injured persons who are stated to have sustained injuries in the alleged assault committed by this petitioner, in my opinion, a lenient approach can be taken in respect of the petitioner's prayer. Accordingly, let the petitioner named above be enlarged on bail after framing of charge on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of concerned Court in connection with Udakishunganj P.S. Case No. 299 of 2022.

(Shailendra Singh, J) Shahnawaz/- U T