Santosh Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.58381 of 2015 (2) dt.01-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58381 of 2015 Arising Out of PS.Case No. -124 Year- 2015 Thana -UDAKISHANGANJ District- MADHEPURA ======================================================

1. Santosh Kumar Son of Nand Kishore Sah Resident of Village - Rambag, Ward No. 4, P.S.- Uda Kishunganj, District -Madhepura .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar Jha For the Opposite Party/s : Mr. Ajay Kumar-I(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 01-02-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Uda Kishunganj P.S. Case No. 124 of 2015 registered for the offence punishable under Section 394 of the Indian Penal Code.

It is submitted that the petitioner is neither named in the FIR nor any incriminating article has been recovered from his possession, he is suffering in custody since 28.08.2015 but he has not been put on test identification parade and other co-accused namely, Manish Kumar and Birendra Kumar have already been allowed bail by another co-ordinate Bench of this Court, the petitioner is suffering in custody on the basis of his confessional statement and as such the petitioner who has got no criminal

Patna High Court Cr.Misc. No.58381 of 2015 (2) dt.01-02-2016 antecedent also deserves sympathetic consideration. Learned APP fairly submits that two co-accused have been allowed bail.

In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Uda Kishunganj, Madhepura in connection with Uda Kishunganj P.S. Case No. 124 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T