Patna High Court
Santosh Kumar vs The State Of Bihar on 17 March, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33851 of 2020
Arising Out of PS. Case No.-6 Year-2020 Thana- CHANDRADIP District- Jamui
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Santosh Kumar, aged about 25 years, (Male), Son of Munni Master, Resident
of Village-Mohanpur, P.S.-Chandradeep, District-Jamui.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Umesh Prasad, Advocate
For the State : Mr. Md. Arif, APP
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
Date : 17-03-2021
The matter has been heard via video conferencing.
2. Heard Mr. Umesh Prasad, learned counsel for the
petitioner and Mr. Md. Arif, learned Additional Public
Prosecutor (hereinafter referred to as the 'APP') for the State.
3. The petitioner apprehends arrest in connection with
Chndradeep PS Case No. 6 of 2020 dated 15.01.2020, instituted
under Sections 341/323/307/379/384/504/506/34 of the Indian
Penal Code.
4. As per the FIR, on 14.11.2020 at 9:00 pm, when the
informant was going from his courtyard to his house, he saw the
accused persons in a state of intoxication assaulting Chhotu Sao
and when he asked not to do so, they were enraged and co-
accused Jawahar Mistri made an attempt with iron rod on the
Patna High Court CR. MISC. No.33851 of 2020 dt.17-03-2021
informant and co-accused Jitendra Kumar inflicted blow with
iron rod on the head of the informant and Suraj Kumar and the
petitioner also assaulted him with lathi and danda and took out
Rs. 10,000/- from his pocket and also demanded Rs. 50,000/- as
extortion money.
5. Learned counsel for the petitioner submitted that the
petitioner is innocent having no criminal antecedent. It was
submitted that due to village politics he has been implicated and
further that even the allegation against him is general and
omnibus with cosmetic addition that Rs. 10,000/- was taken out
from the pocket of the informant and there was demand of Rs.
50,000/- by way of extortion. Learned counsel submitted that
the injury report also does not corroborate the allegation as only
one lacerated wound on frontal scalp has been found which is
not attributable to the petitioner
6. Learned APP submitted that there is allegation
against the petitioner also of assault and snatching of Rs.
10,000/- and demanding extortion.
7. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, in
the event of arrest or surrender before the Court below within
six weeks from today, the petitioner be released on bail upon
Patna High Court CR. MISC. No.33851 of 2020 dt.17-03-2021
furnishing bail bonds of Rs. 25,000/- (twenty five thousand)
with two sureties of the like amount each to the satisfaction of
the learned Chief Judicial Magistrate 1st, Jamui in Chandradeep
PS Case No. 6 of 2020, subject to the conditions laid down in
Section 438(2) of the Code of Criminal Procedure, 1973 and
further (i) that one of the bailors shall be a close relative of the
petitioner, (ii) that the petitioner and the bailors shall execute
bond with regard to good behaviour of the petitioner, and (iii)
that the petitioner shall also give an undertaking to the Court
that he shall not indulge in any illegal/criminal activity, act in
violation of any law/statutory provisions, tamper with the
evidence or influence the witnesses. Any violation of the terms
and conditions of the bonds or the undertaking shall lead to
cancellation of his bail bonds. The petitioner shall cooperate in
the case and be present before the Court on each and every date.
Failure to cooperate or being absent on two consecutive dates,
without sufficient cause, shall also lead to cancellation of his
bail bonds.
8. It shall also be open for the prosecution to bring any
violation of the foregoing conditions of bail by the petitioner, to
the notice of the Court concerned, which shall take immediate
action on the same after giving opportunity of hearing to the
Patna High Court CR. MISC. No.33851 of 2020 dt.17-03-2021
petitioner.
9. The application stands disposed off in the
aforementioned terms.
(Ahsanuddin Amanullah, J)
Anjani/-
AFR/NAFR
U
T
