Santosh Kumar @ Bosh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4731 of 2020 Arising Out of PS. Case No.-719 Year-2017 Thana- SHERGHATI District- Gaya ====================================================== SANTOSH KUMAR @ BOSH YADAV Son of Naresh Yadav @ Manger Yadav Resident of Village - Goitha Mitha, P.S.- Barachatti, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kr. Sinha For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-01-2020 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Sherghati (Dobhi) P.S. Case No. 719 of 2017 for the offence registered under Section 392 of the Indian Penal Code. The allegation is regarding unknown miscreants having intercepted the informant and snatched his mobile and a sum of Rs. 1400/- as also Aadhaar Card.

The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case and he is having a clean antecedent. It is further submitted that the stolen motorcycle has been recovered from the possession of the co-accused person and as far as the petitioner is concerned, his name has transpired in the present case on account of confessional statement of the co-accused namely Birendra Kumar

Patna High Court CR. MISC. No.4731 of 2020(2) dt.23-01-2020 2/2 who is stated to have sold the motorcycle to the co-accused person namely Gautam Kumar. It is further submitted that no recovery of the stolen articles has been made from the house of the petitioner.

Having regard to the facts and circumstances of the case, considering the submissions of the learned counsel for the petitioner coupled with the fact that no recovery of the stolen motorcycle has been made from the house of the petitioner, I deem it fit and proper to admit the petitioner herein to the privilege of anticipatory bail.

Accordingly, the petitioner, above named, is directed to be released on anticipatory bail in the event of his arrest/surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Sherghati, District-Gaya in connection with Sherghati (Dobhi) P.S. Case No. 719 of 2017 subject to the conditions as stipulated under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) S.Sb/- U T