Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24771 of 2021 Arising Out of PS. Case No.-342 Year-2020 Thana- BIBHUTIPUR District- Samastipur ====================================================== SANTOSH KUMAR S/O GANGA RAM SAH R/o village- Karrakh, P.S.- Vibhutipur, Distt.- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dilip Kumar Roy For the Opposite Party/s :

Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-08-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 392 of the Indian Penal Code.

As per the prosecution case, four unknown miscreants looted 55 grams of gold ornaments and five kg silver ornaments from the shop of informant and fled away on two motor cycles. Learned counsel appearing for the petitioner submits that petitioner is not named in the FIR. The name of petitioner has come in this case during the course of investigation in the confessional statement of co-accused, Chhotu Kumar. No incriminating article has been recovered from the conscious possession of the petitioner and till date no Test Identification Parade has been done. Petitioner is in custody since 28.11.2020

Patna High Court CR. MISC. No.24771 of 2021(5) dt.31-08-2021 2/2 and charge sheet has already been submitted in this case. Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case and the period of custody of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-II, Rosera, Samastipur in connection with Bibhutipur PS case No. 342/2020 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/ her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) BKS/- U T