Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21015 of 2024 Arising Out of PS. Case No.-550 Year-2023 Thana- MITHANPURA District- Muzaffarpur ====================================================== Santosh Kumar S/o Late Nand Kishore Sah Resident of Mohalla- New Colony, Balughat, Road No. 1, Ward No. 18 Post- H.P.O., P.S.- Town, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.S. Jamil Akhter, Advocate For the Opposite Party/s :

Mr.Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Mithanpur P.S. Case No. 550 of 2023, lodged on 13.12.2023 under Sections 457, 380, 411 of the Indian Penal Code.

3. As per the prosecution case, the present FIR has been lodged against unknown accused persons with an allegation of committing theft in the house of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR, rather his name has surfaced in the present case, during investigation. The antecedent of the petitioner is clean and he is in custody since 24.12.2023. The

Patna High Court CR. MISC. No.21015 of 2024(2) dt.02-04-2024 2/2 chargesheet has already been filed.

5. Learned counsel for the State opposes the prayer for bail and submits that the theft articles have been recovered from the house of the present petitioner. In the case diary, it has come that the petitioner has purchased the articles subject to theft and paid Rs. 8,00,000/- to the accused persons who has committed theft.

7. In the present facts and circumstances of the case that the articles subject to theft have been recovered from the house of the petitioner, I am not inclined to grant regular bail to the petitioner.

8. Accordingly, the prayer for regular bail of the petitioner in connection with Mithanpura P.S. Case No. 550 of 2023, pending before the learned Court No.6, J.M.. 1st Class, Muzaffarpur is hereby rejected.

9. However, the petitioner would be at liberty to renew his prayer for bail after framing of charge.

10. With this observation, the bail application stands disposed off.

(Dr. Anshuman, J) Ashwini/- U T