Santosh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7968 of 2019 Arising Out of PS. Case No.-261 Year-2017 Thana- KISHUNPUR District- Supaul ====================================================== Santosh Yadav, S/o- Ganga Yadav R/o Village- Mehasimar, P.S.- Kisanpur, District-Suapul.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun Mr. Agreya Pratap, Advocate For the Opposite Party/s :

Mr.Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-02-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is languishing in custody since 18.09.2018 in connection with Kisanpur P.S. Case No.261 of 2017 registered for the offence punishable under Section 379 of the Indian Penal Code.

Prosecution case as per the FIR is that on theft being committed of the motorcycle of the informant, the FIR was lodged against unknown. During investigation on the confession of co-accused, Mantu Kumar, the house of the petitioner was searched and from there, stolen motorcycle was recovered.

It is submitted by learned counsel for the petitioner

Patna High Court Cr.Misc. No.7968 of 2019(2) dt.13-02-2019 2/2 the said recovery has been made from the joint house of the petitioner and the co-accused, Bal Krishna Kumar has been granted bail by a Co-ordinate Bench of this Court vide order dated 18.05.2018 passed in Cr. Misc. No.26620 of 2018. Statement has been made in para 3 of the bail application that the petitioner is not having any criminal antecedent. Learned APP has vehemently opposed the prayer for bail and submits that the recovery has been made from the house of the petitioner.

Considering the fact that the petitioner has not been put on T.I. Parade coupled with the fact that investigation has been concluded and the petitioner is not having any criminal antecedent, let the above named petitioner 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 learned Chief Judicial Magistrate, Supaul in connection with Kisanpur P.S. Case No.261 of 2017.

(Dinesh Kumar Singh, J) sanjeev/- U T