Patna High CourtCR. MISC./11824/2017bail granted

Santu Kumar v. The State Of Bihar

2017-05-03Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11824 of 2017 Arising Out of PS.Case No. -1 Year- 2016 Thana -A.T.S District- PATNA ======================================================

1. Santu Kumar Son of Late Bhola Singh, Resident of Village- Kothar, P.S.- Fatehpur, District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anuj Kumar For the Opposite Party/s : Mr. Sri Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03-05-2017 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Earlier, the prayer for bail of the petitioner was rejected by this Court vide order dated 04.07.2016 passed in Cr. Misc. No.24834 of 2016 taking into consideration the recovery of 1 lac counterfeit notes from his possession but submission on behalf of the petitioner is that there was recovery of 2 lacs counterfeit notes from possession of co-accused Uday Kumar , who has already been granted privilege of bail by a co-ordinate Bench of this Court vide order dated 05.12.2016 passed in Cr. Misc. No.34730 of 2016. Learned counsel for the petitioner further submits that petitioner is in jail custody since 11.01.2016 and he does not have any criminal antecedent.

Patna High Court Cr.Misc. No.11824 of 2017 (3) dt.03-05-2017 2/2 The trial court has reported that uptil now, charge could not be framed against the petitioner, therefore, it appears that there is no possibility of conclusion of trial of the petitioner in near future.

Since the co-accused having more serious allegation has already been granted privilege of bail by a co-ordinate Bench of this Court, to maintain the parity of justice, petitioner should be released on bail.

Accordingly, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Patna in connection with A.T.S ( Bihar) P.S. Case No. 01 of 2016.

(Hemant Kumar Srivastava, J) N.K/- U