Allowed

Santosh Kumar v. the State of Bihar

Patna HC27 Sept 2022CR. MISC./10636/2022

Case brief

AI extract

What is this about?

In a criminal miscellaneous matter arising from a case registered under the Indian Penal Code at Patna, this court granted bail to the applicant subject to furnishing a bond of Rs. 10,000 with two sureties and compliance with specific conditions.

What did the court decide?

Petitioner granted bail on furnishing bail bond of Rs. 10,000 with two sureties of the like amount subject to specified conditions.

Santosh Kumar Vs the State of Bihar — Bail and Remand | Patna HC (2022)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10636 of 2022

¶2

Arising Out of PS. Case No.-146 Year-2015 Thana- KANKARBAG District- Patna

¶3

======================================================

¶4

Santosh Kumar Son of Panna Lal Resident of Mohalla- Chiraiya Tand, Khash Mahal Near Baijnath Bhawan, P.S.- Kankarbagh, District- Patna.

¶5

... ... Petitioner/s

¶6

Versus The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Surendra Kumar Mishra, Advocate For the Opposite Party/s : Mr. Bharat Lal, A.P.P. ======================================================

¶7

CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

¶8

4 27-09-2022

¶9

Heard learned counsel for the petitioner and learned

¶10

Additional Public Prosecutor for the State.

¶11

Let the defects, as pointed out by the office, be removed within a period of four weeks from today.

¶12

Petitioner seeks bail in a case registered for the offences punishable under Sections 147, 341, 323, 307, 504 of the Indian Penal Code.

¶13

According to prosecution case, in brief, is that one Pratibha Singh submitted her written statement before the police station stating therein that on 05.03.2015 she heard a sound and came out from the house and saw that some anti-social elements were abusing and query she knew that those criminals have been called by a woman who lived in the house of Karu. It is further stated that the strength of criminals was ten in number and they took away Ajay Kumar towards their house and attacked him.

¶14

Patna High Court CR. MISC. No.10636 of 2022(4) dt.27-09-2022 2/3

¶15

The informant further alleged that the people of Mohalla gathered with empty hand to save Ajay and criminals were armed who injured ten persons of Mohalla and Ajay Kumar Singh sustained serious injury and Asha Devi also sustained injury on her head and Arun Kumar, Ajay Kumar, Suraj Kumar, Awadhesh Sinha and others were also assaulted.

¶16

Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that in fact the petitioner is not named in the F.I.R. and the name of the petitioner has been transpired during investigation on the basis of statement recorded by the witnesses, they were present at the place of occurrence. He further submits that the police after investigation submitted the charge sheet against the petitioner. He further submits that similarly situated, co-accused, namely, Nazir Ansari and Rekha Devi have been granted bail by the Court below itself. The petitioner is in custody since 12.09.2021

¶17

The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.

¶18

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

¶19

Patna High Court CR. MISC. No.10636 of 2022(4) dt.27-09-2022 3/3

¶20

the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Kankarbagh P.S. Case No. 146 of 2015, subject to the following conditions:-

¶21

Petitioner shall co-operate in the trial and

¶22

shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

¶23

If the petitioner tampers with the evidence

¶24

or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

¶25

And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

¶26

(Rajesh Kumar Verma, J)

¶27

mdrashid/-

Santosh Kumar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Santosh Kumar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Meneka Devi Vs the State of Bihar

Krishna Singh @ Krishna Kumar Vs The State of Bihar

Mahphuj Ansari Vs The State of Bihar

Simant Kumar Vs The State of Bihar

Sakaldeo Yadav @ Sakaldeep Yadav Vs The State of Bihar

Shravan Rai Vs The State of Bihar