Santosh Kumar @ Kanna v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79777 of 2019 Arising Out of PS. Case No.-69 Year-2019 Thana- MOUZAHIDPUR District- Bhagalpur ====================================================== 1.

SANTOSH KUMAR @ KANNA S/o Late Kannu Mandal @ Kalicharan Mandal R/o Village- Gurhatta Chauk, Panna Mill Road, P.S.- Mojahidpur, District- Bhagalpur.

2.

Pappu Mandal S/o Late Kalu Mandal R/o Village- Gurhatta Chauk, Panna Mill Road, P.S.- Mojahidpur, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Pandey For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-09-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 325, 307, 504, 379/34 of the Indian Penal Code.

Allegedly, the accused persons had taken Rs. 50,000/-from son of the informant. It is alleged that on 12.03.2019, the accused persons variously armed with deadly weapons surrounded the son of the informant namely Md. Rustam and one Md. Raza and brutally assaulted them. It is also alleged that the accused persons snatched gold chain and cash.

Patna High Court CR. MISC. No.79777 of 2019(5) dt.07-09-2020 2/2 It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. The injury report is part of the case diary. From perusal of injury report and the supplementary injury report of the victim i.e. Md. Rustam, it appears that the nature of injury is simple. No offence u/S 307 of the Indian Penal Code is made out.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, let the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Mojahidpur P.S. Case No. 69 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T