Santosh Kumar @ Mukesh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29014 of 2017 Arising Out of PS.Case No. -364 Year- 2016 Thana -WAJIRGANJ District- GAYA ====================================================== Santosh Kumar @ Mukesh Son of Amirak Prasad, Resident of Village- I. Oharpura, P.S.- Kadirganj (Nawadah), District- Nawadah. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Prawesh Kumar, Advocate. For the Opposite Party/s : Mr. Rana Randhir Singh, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 03-07-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Wazirganj P.S. Case No. 364 of 2016 registered under Sections 399 and 402 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act. The petitioner along with other accused persons is said to have made preparation for committing dacoity in a shop in the night. The petitioner was apprehended with two live cartridges. It is submitted by learned counsel for the petitioner that nothing incriminating article has been recovered from the conscious physical possession of the petitioner. He has been falsely implicated in the case on mere suspicion. Some criminal cases are pending against the petitioner, but he is on bail in such

Patna High Court Cr.Misc. No.29014 of 2017 (2) dt.03-07-2017 2/2 cases. He has been languishing in custody since 30.09.2016. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-I, Gaya in connection with Wazirganj P.S. Case No. 364 of 2016.

(Prakash Chandra Jaiswal, J) Mishra/- U T