Santosh Kumar Yadav @ Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18302 of 2024 Arising Out of PS. Case No.-709 Year-2023 Thana- MANER District- Patna ====================================================== SANTOSH KUMAR YADAV @ SANTOSH KUMAR, MALE, AGED ABOUT 34 YEARS, S/O HIRA YADAV R/O GOPAL NAGAR, P.SREWATI, DISTT.- BALIA (U.P.). ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Saroj Kumar Choudhary For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 22-03-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Maner P.S. Case No.709 of 2023 registered for the offence under Sections 147, 148, 149, 447, 307, 386, 379, 504, 506, 120B of the Indian Penal Code and Sections 25(1-b)a, 26/35 and 27 of the Arms Act.

3.

Allegation against the petitioner along with other co-accused persons is to have engaged in illegal mining of sand and it is further alleged that they have made indiscriminate firing upon police persons.

4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been

Patna High Court CR. MISC. No.18302 of 2024(2) dt.22-03-2024 2/2 implicated in the present case. It is submitted that nothing incriminating articles have been recovered from the possession of this petitioner rather only one mobile has been recovered from the petitioner. It is submitted that seizure list appears doubtful being not supported by independent witnesses, rather by police personnels. It is also submitted that other similarly situated co-accused has been granted bail by this Court through Cr. Misc. No.6619 of 2024 on 17.02.2024. It is further submitted that petitioner is a man of clean antecedent and he is in custody since 02.10.2023.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and submissions made on behalf of the petitioner, let the petitioner, above named, is directed to be released on bail, after framing of the charge, in connection with Maner P.S. Case No.709 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Danapur. (Ramesh Chand Malviya, J) S.Katyayan/- U T