Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 60205 of 2017 Arising Out of PS.Case No. -133 Year- 2017 Thana -MASRAKH District- SARAN ====================================================== Santosh Kumar, S/o Nagina Prasad, R/o Village- Bahrauli, P.S.- Mashrakh, District- Saran at Chapra.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr Nawal Kishore Singh, Advocate For the Opposite Party/s : Mr Abhay Kumar - 1, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 19-12-2017 Heard counsel for the petitioner and the State. Petitioner is accused in Mashrakh Police Station Case No 133 of 2017 registered for the offence punishable under Section 379 of Indian Penal Code.

Counsel for the petitioner submits that subsequent upon arrest of the petitioner in connection with Mashrakh Police Station Case No 190 of 2017 based on the confessional statement of co-accused Dhananjay Sah, the petitioner has been remanded in this case. In this case also, he has been implicated on the confessional statement of same co-accused Dhananjay Sah. No recoveries have been made from the possession of the petitioner to connect him with the said case. Charge sheet has already been submitted. As such, there is no chance of his tempering the

Patna High Court Cr.Misc. No.60205 of 2017 (2) dt.19-12-2017 2/2 prosecution evidence and other than the confessional statement of co-accused, there is nothing on record against the petitioner. He is in custody in this case upon his remand since 04.08.2017. Considering the submissions made on behalf of the petitioner, prayer for bail is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate VIII, Saran at Chapra in Mashrakh Police Station Case No 133 of 2017 subject to the following conditions:

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T