Sintu Kumar @ Santu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.57782 of 2018 Arising Out of PS.Case No. -36 Year- 2018 Thana -PIPRA District- SUPAUL ======================================================
1. Sintu Kumar @ Santu Kumar S/o Upendra Yadav, R/o Kaushlipatti, P.S. Pipra, District Supaul.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Karuna Kant Jha For the Opposite Party/s : Mr. Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-10-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered under Sections 147, 148, 149, 341, 447, 323, 324, 379, 307/504 of the Indian Penal Code and 27 of the Arms Act. The prosecution case, in brief, is that the accused persons were harvesting the crop of mustard planted in the field of the informant. When it was prevented, the accused persons started abusing and assaulting him and his nephew, resultantly, both persons sustained injury.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The
Patna High Court Cr.Misc. No.57782 of 2018 (2) dt.10-10-2018 petitioner has been falsely implicated in the present case. There is case and counter case between the parties. The injury on the accused side has not been explained by the prosecution. The injury is said to be simple in nature. No offence u/S 307 of the Indian Penal Code is made out.
On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Supaul in connection with Pipra P.S. Case No. 36 of 2018, 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