Patna High CourtCR. MISC./83906/2023bail granted

Santosh Kumar v. The State Of Bihar

2024-01-10Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83906 of 2023 Arising Out of PS. Case No.-234 Year-2023 Thana- RAGHOPUR District- Supaul ====================================================== 1.

Santosh Kumar Son Of Sakindeo Yadav Resident Of Village- Koriyapatti, Devipur, P.S. Raghopur, District- Supaul 2.

Sakindeo Yadav Son Of Sukal Yadav Resident Of Village- Koriyapatti, Devipur, P.S. Raghopur, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar For the Opposite Party/s :

Mr. Shailendra Kumar For the informant :

Mr. Naresh Kumar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 10-01-2024 Heard the learned counsel for the petitioners, learned APP for the State and learned counsel for the informant.

2. The petitioners seek bail in connection with Raghopur P.S. Case No. 234 of 2023 registered for the offence under Sections 147, 148, 149, 302, 307, 323, 324, 341, 504, 506 of the Indian Penal Code.

3. As per the prosecution case, for a petty dispute, fight took place between the sides.

4. Learned counsel for the petitioners submits that there is case and counter case and post mortem report of the deceased does not support the prosecution case. The petitioners are in jail since 06.07.2023. The deceased has sustained two simple injuries which are abrasions and it appears that the

Patna High Court CR. MISC. No.83906 of 2023(2) dt.10-01-2024 2/2 deceased died due to internal injuries.

5. Learned counsel for the informant has vehemently opposed the prayer for bail and has submitted that there is specific injury of assault against two petitioners.

6. Considering the fact that the fight took place for a petty dispute over flow of rain water and post mortem report does not support the prosecution case, this application for regular bail is allowed.

7. Let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-I, Birpur (Supaul)/concerned Court below in connection with Raghopur P.S. Case No. 234 of 2023 subject to condition that:- 7(i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on absence on two consecutive dates without sufficient reason, the bail bond shall be cancelled by the Court below.

(Sandeep Kumar, J) Shishir/- U T