Santosh Rai @ Santosh Kumar @ Santosh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20 of 2025 Arising Out of PS. Case No.-270 Year-2022 Thana- MOHAMMADPUR District- Gopalganj ====================================================== Santosh Rai @ Santosh Kumar @ Santosh Yadav S/o- Manbodh Rai Resident of Dumariya P.s-Mohamadpur, Dist- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Naresh Prasad For the Opposite Party/s :
Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-04-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Mohammadpur P.S. Case No. 270 of 2022 dated 14.11.2022 registered for the offences punishable under Sections 341, 323, 324, 325, 307, 379, 504, 506/34 of the Indian Penal Code.
3. As per the prosecution case, on 09.11.2022, while the informant was returning to his home, on the way, all the FIR named accused persons including the petitioner surrounded him and began to abuse. On the protest by the informant all the accused persons started assaulting him and the co-accused Manbodh Rai gave Tangi blow on his head causing head injury.
Patna High Court CR. MISC. No.20 of 2025(2) dt.18-04-2025 2/3 When his son and wife came to save him then all the accused persons assaulted them. In the meantime, the petitioner assaulted the informant's son with iron rod causing broken injury on his shoulder and head and Usha Devi assaulted his wife with rod and Reeta Devi snatched Mangal Sutra and earring from his daughter-in-law.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case on account of land dispute. There is a case and counter case between the parties. Learned counsel has submitted that the informant's son has sustained two injuries, one injury is simple in nature which is on the head and the other injury is grievous in nature which is on right shoulder. The other co-accused persons have already been granted anticipatory bail by this court vide order dated 27.09.2023 passed in Cr. Misc. No. 59887/2023. Learned counsel has submitted that total eight persons were injured from the petitioner side and the father of the petitioner has sustained grievous injury. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.
5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid facts and circumstances
Patna High Court CR. MISC. No.20 of 2025(2) dt.18-04-2025 3/3 of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Gopalganj in connection with Mohammadpur P.S. Case No. 270 of 2022, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.
7. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T