Santosh Kumar @ Santosh Kumar Suman v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83147 of 2024 Arising Out of PS. Case No.-293 Year-2024 Thana- GOGRI District- Khagaria ====================================================== 1.
Santosh Kumar @ Santosh Kumar Suman Son of Ram Chandra Chaurasia Resident of Village- Dukhatol, Ward No.3, P.S.- Gogri, Distt.- Khagaria 2.
Ambikash Kumar @ Ankit Kumar Son of Late Sagar Mandal Resident of Village- Dukhatol, Ward No.3, P.S.- Gogri, Distt.- Khagaria 3.
Raju Kumar @ Binas Kumar Son of Srikant Mandal Resident of VillageDukhatol, Ward No.3, P.S.- Gogri, Distt.- Khagaria 4.
Srikant Mandal Son of Late Thakur Mandal Resident of Village- Dukhatol, Ward No.3, P.S.- Gogri, Distt.- Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rahul Singh, Adv.
For the State :
Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 11-12-2024 Heard learned counsel for the petitioners and Mr. Binod Kumar, learned APP for the State.
2. The petitioners are apprehending their arrest in connection with Gogri P.S. Case No. 293 of 2024 instituted for the offences under Sections 126(2), 115(2), 303(2), 109, 352 of the B.N.S. and Section 27 of the Arms Act.
3. The case of the prosecution is that the petitioners along with others arrived at the house of the informant being armed with weapon, lathi and danda, thereafter, they started abusing and assaulting the informant. It is further alleged that
Patna High Court CR. MISC. No.83147 of 2024(2) dt.11-12-2024 2/3 when the son of the informant and his family members came to rescue, petitioner no. 1 made fire from pistol due to which the son of the informant fell down and petitioner no. 2 snatched Rs. 2000/- from his pocket.
4. Learned counsel for the petitioners has submitted that there has been delay of two days in lodging the FIR without any explanation. There is general and omnibus allegation levelled against these petitioners and there is also a counter version of this case. He submitted that the FIR itself shows that the allegation of firing is made against petitioner no. 1 but no one has suffered any kind of injury in the alleged occurrence. Moreover, the petitioner no. 1 having one criminal antecedent and other petitioners having clean antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances of the case, let the petitioners, above named, in the event of arrest/surrender before the learned Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with
Patna High Court CR. MISC. No.83147 of 2024(2) dt.11-12-2024 3/3 Gogri P.S. Case No. 293 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Ashok Kumar Pandey, J) Arish/- U T