Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23201 of 2023 Arising Out of PS. Case No.-483 Year-2021 Thana- DUMRA District- Sitamarhi ====================================================== SANTOSH KUMAR SON OF UPENDRA YADAV RESIDENT OF VILLAGE- AMANA, PS- SURSAND, DIST- SITAMARHI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Section 392 of the Indian Penal Code and Section 27 of the Arms Act.

As per prosecution case, four unknown miscreants, who are armed with weapon they suddenly trespassed the house of the informant and committed loot of some ornaments, mobile phones and other articles. It is further alleged that they locked the family members of the informant in a room and threatened

Patna High Court CR. MISC. No.23201 of 2023(3) dt.22-06-2023 2/3 them.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown persons. The name of the petitioner has come into light, on the basis of confessional statement of co-accused Md. Kamal Ansari @ Md. Kalam Ansari, which has got no evidentiary value in the eyes of law. Nothing incriminating/looted articles have been recovered from the conscious possession of the petitioner. No T.I. Parade has been done. He further submitted that the other co-accused has already been granted bail by a Co-ordinate Bench vide order dated 03.05.2023 passed in Cr. Misc. No. 483 of 2021. He is languishing in judicial custody since 25.12.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.23201 of 2023(3) dt.22-06-2023 3/3 satisfaction of the learned Judicial Magistrate-1st Class, Sitamarhi in connection with Dumra P.S. Case No. 483 of 2021. (Sunil Kumar Panwar, J) arish/- U T