Santosh Rai @ Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14559 of 2022 Arising Out of PS. Case No.-303 Year-2019 Thana- TARAIYA District- Saran ====================================================== SANTOSH RAI @ SANTOSH KUMAR Son of Baharan Rai R/O Vill. - Paiga (Sheakhpura), P.S. - Amnaur, District - Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok, Advocate For the Opposite Party/s :

Mr. Satya Nand Shukla, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-09-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks.

The petitioner apprehends his arrest in a case registered for the offence punishable under Section 414 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent. The informant alleges that on 04.10.2019, at about 08:30 p.m., during vehicle checking near Chanchalia Dam, one Sunil Kumar Yadav was apprehended with a stolen motorcycle who disclosed that the said motorcycle was given to him by petitioner and Pankaj Rai who often bring stolen motorcycle, as such, he purchased from them. Thereafter, the informant raided

Patna High Court CR. MISC. No.14559 of 2022(2) dt.19-09-2022 2/3 the house of Santosh Rai (petitioner) from where one white colour Apache Motorcycle was recovered.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case and his name transpired in the confessional statement of co-accused which has no evidentiary value in the eye of law. He further submits that based on the said information house of the petitioner was raided and nothing was recovered except the motorcycle which was also in the name of his relative as would be evident from Annexure-2 to the anticipatory bail application. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Taraiya P.S. Case No. 303 of 2019, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. and further one of the

Patna High Court CR. MISC. No.14559 of 2022(2) dt.19-09-2022 3/3 bailors of the petitioner shall be his father Baharan Rai. (Satyavrat Verma, J) Kundan/- U T