Santosh Kamat @ Badashah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13173 of 2019 Arising Out of PS. Case No.-604 Year-2018 Thana- SUPAUL District- Supaul ====================================================== SANTOSH KAMAT @ BADASHAH, aged about 26 years (Male), Son of Pitambar Kamat, R/o - Supaul, W. No. - 11, P.S. and District - Supaul. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Ranjay Kumar Singh, Advocate.
For the Opposite Party :
Mrs.Renuka Ratnakar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-05-2019 In spite of the order dated 05.03.2019, case diary has not been received in the present case.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner is languishing in custody since 01.11.2018 in a case for the offence registered under Sections 457, 380 and 411 of the IPC.
The prosecution story, in brief, is that on 19.10.2018 in the night, Licensee Gun and one Mobile of Samsung were stolen away by some unknown persons from the house of the informant. He searched but could not succeed. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no
Patna High Court CR. MISC. No.13173 of 2019(3) dt.02-05-2019 2/2 allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is not named in the F.I.R. His name has come in the present case on the basis of confessional statement of co-accused. The recovered gun in question has not been put on T.I. Parade to ascertain whether the said gun is stolen property or not. One co-accused is the tenant in the house of the petitioner and the gun in question has been recovered from his possession. The petitioner has got no concern with the gun in question.
On behalf of the learned counsel for the State, it has been submitted that the petitioner is not named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, 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 the learned C.J.M. Supaul, in connection with Supaul P.S. Case No. 604 of 2018. (Sudhir Singh, J) U.K./- U T