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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20084 of 2023 Arising Out of PS. Case No.-310 Year-2022 Thana- SHAHKUND District- Bhagalpur ====================================================== Santosh Kumar Yadav @ Santosh Kumar @ Santosh Yadav S/O Bikash Yadav R/O Vill- Bela, P.S- Shambhuganj, Distt.- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vivekanand Vivek For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in connection with Shahkund P.S. case No. 310 of 2022 for the offence punishable under Section 392 of the Indian Penal Code. As per prosecution case, the allegation against four unknown miscreants is that they boarded on white Scorpio came and on pistol point looted Tractor bearing Reg. No. BR51G3564, mobile phone and Rs. 2000/- from the informant and fled away.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of confessional statement of co-accused before the police which

Patna High Court CR. MISC. No.20084 of 2023(4) dt.24-08-2023 2/2 has no evidentiary value in the eye of law. The petitioner is not named in the FIR and he has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 27.09.2022.

Learned APP appearing for the state has vehemently opposed the prayer of regular bail and submitted that the petitioner was apprehended on the spot with looted Tractor and no explanation has been given by him in respect of seized Tractor.

Having heard the learned counsel for the parties and considering the fact and gravity of the nature, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

The trial Court is directed to expedite the trial and conclude the same as soon as possible.

(Sunil Kumar Panwar, J) lata/- U