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Patna High CourtCR. MISC./9545/2020allowed

Santosh Ram v. The State Of Bihar

2020-10-05Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9545 of 2020 Arising Out of PS. Case No.-249 Year-2019 Thana- MADANPUR District- Aurangabad ====================================================== SANTOSH RAM Son of Bigan Ram Resident of Village - Ghatraen, P.S.- Madanpur, District- Aurangabad.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhaskar Shankar For the Opposite Party/s :

Mr. Satyavrat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-10-2020 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 414 & 120 B of the Indian Penal Code.

On a tip-off, when the police party raided the house of the petitioner, two stolen motorcycles are said to have been recovered from his house.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. As the house of the petitioner is joint family house, hence the petitioner cannot be held solely responsible

Patna High Court CR. MISC. No.9545 of 2020(5) dt.05-10-2020 2/2 for the said occurrence. No one has made claim against the alleged recovered motorcycle till filing of this application. Petitioner is residing in Haryana and he is a daily wage worker. There is delay of six days in lodging the F.I.R. without assigning and plausible and cogent reason for the said delay. He has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Aurangabad in connection with Madanpur P.S. Case No. 249 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J.) Trivedi/- U T