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2025 DAILYLAW 30766 (PAT)

Santosh Kumar v. The State of Bihar

CR. MISC./25655/2025 · 2025-05-07

Anil Kumar Sinha

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.25655 of 2025 Arising Out of PS. Case No.-123 Year-2019 Thana- KARPI District- Arwal ====================================================== Santosh Kumar son of Jawahar Mahto @ Jawahar Prasad Resident of village- Kudrasi Englisg PS- Rampur Chauram, Dist- Arwal ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ramakant Singh For the Opposite Party/s : Mr. Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 07-05-2025 1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. This application, for grant of anticipatory bail, arises out of Karpi Shahar Telpa Police Station Case No. 123 of 2019, dated 24.06.2019, disclosing offences under Sections 341/323/354/307/504/34 of the Indian Penal Code. 3. The prosecution case, as per the First Information Report, is that on 24.06.2019, at about 02:00 PM in the night, when the informant’s niece, namely, Puja, was returning home after making birth certificate from Karpi by tempo, bearing registration no. BR25-P-9438, the driver of the said tempo i.e. the petitioner started misbehaving with the informant’s niece, which was informed to the Patna High Court CR. MISC. No.25655 of 2025(2) dt.07-05-2025 2/2 informant on his mobile phone by her niece. Upon such, the informant reached at the place of occurrence and when he enquired about the same, the petitioner abused and assaulted him by means of lathi and iron rod due to which he sustained injuries. 4. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in the present case on the basis of false and concocted story. He further submits that the petitioner was given benefits under Section 41 A of the Code of Criminal Procedure by the police. The petitioner has got no criminal antecedent. 5. Having regard to the submissions made on behalf of the parties and taking into consideration the nature of allegation and the fact that process under Section 83 of the Code of Criminal Procedure has already been issued against the petitioner, I am not inclined to grant the petitioner privilege of anticipatory bail. 6. This application is, accordingly, rejected. ashwani/- (Anil Kumar Sinha, J) U T