Santosh Kumar Mehata @ Santosh Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15395 of 2023 Arising Out of PS. Case No.-441 Year-2022 Thana- RANIGANJ District- Araria ====================================================== Santosh Kumar Mehata @ Santosh Mehta S/o Ram Prasad Mehta Resident of Village-Terhi Musahri, Ward No. 1, P.S.-Forbesganj, District-Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 392 of the Indian Penal Code.

The prosecution case, in short, is that two unknown miscreants looted Rs.5,70,000/- from the informant on the point of pistol.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 07.12.2022 and has got no criminal antecedent. Charge sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. There is no chance of trial being concluded in near future. The petitioner is not

Patna High Court CR. MISC. No.15395 of 2023(2) dt.01-05-2023 2/2 named in the F.I.R. The name of the petitioner has transpired in this case on the confessional statement of the co-accused. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. Rs.30,000/- is said to have been recovered from the house of the petitioner. The recovered amount has not been put on T.I.P. to ascertain whether it is looted article. There is no compliance of Section 100 Cr.P.C.

On behalf of the State, it is submitted that the petitioner is not named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioner, above named, be released on 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 Court below/concerned Court in connection with Raniganj P.S. case No.441 of 2022.

(Sudhir Singh, J) Narendra/- U T