Santosh Sahni @ Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24939 of 2017 Arising Out of PS.Case No. -251 Year- 2016 Thana -KOTWALI District- MUNGER ====================================================== Santosh Sahni @ Santosh Kumar, Son of Rajesh Sahni, Resident of Chandisthan, Police Station- Kotwali, District- Munger. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Surya Narayan Sah, Adv. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 01-07-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 15.09.2016 in connection with Kotwali P.S. Case No. 251 of 2016 for the alleged offences under Sections 385 and 387 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated on mere suspicion and he is not named in the F.I.R. rather the thrust of suspicion has been raised by the informant against Prashant Baba. It is submitted that except the extra judicial confessional statement, there is no other material against the petitioner to connect him with the alleged occurrence. Similarly situated co-accused Bablu Bind and Kamal Rai @ Kamaliya have been granted bail by this Court in Cr. Misc. No. 53305 of 2016 and Cr. Misc. No. 23956 of 2017 respectively. It is further submitted

Patna High Court Cr.Misc. No.24939 of 2017 (3) dt.01-07-2017 2/2 that charge sheet has already been submitted and as such there is no chance of tampering with the evidence.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger in connection with Kotwali P.S. Case No. 251 of 2016 on the following conditions :- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Md. Ibrarul/- U T