Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47150 of 2016 Arising Out of PS.Case No. -206 Year- 2015 Thana -MANIYARI District- MUZAFFARPUR ====================================================== Santosh Kumar Son of Vishwanath Prasad, resident of Village Ali Neura, Police Station Minapur, District Muzaffapur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jyotsna Rani Mishra For the Opposite Party/s : Mr. Smt. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 10.05.2017 Heard learned counsels for the petitioner and the State.

The petitioner has renewed the prayer for bail in a case registered for the offences punishable under Sections 399 and 402/34 of the Indian Penal Code, sections 25(1-B)a, 26(II) and 35 of the Arms Act and sections 20 and 22 of the NDPS Act. On information that the miscreants are preparing to commit dacoity, raid was conducted when from the possession of the petitioner one loaded country made pistol and one revolver loaded with three cartridges of which one was found to be live, were recovered. From other accused persons also arms and psychotropic substances were recovered.

It is submitted by learned counsel for the

Patna High Court Cr.Misc. No.47150 of 2016 (2) dt.10-05-2017 2/3 petitioner that co-accused Chandan Kumar and Mukesh Rai, from whom also arms were recovered, have been granted bail by a Bench of this Court vide Cr. Misc. Nos. 49710 of 2015 and 54150 of 2015 but they have no criminal antecedent, whereas, the petitioner is accused in four other cases out of which three are registered under Section 392 IPC and one is registered under Section 364A IPC. A statement has been made in paragraph 3 of the petition that in all the cases the petitioner is on bail. It is further submitted that earlier bail application of the petitioner was rejected with liberty to renew the prayer for bail after remaining in custody for nine months. The petitioner is in custody since 22.01.2016 and there is no likelihood of conclusion of trial in near future.

Keeping in view of the fact that the co-accused persons, from whom arms were recovered, have been granted bail and the liberty given earlier, let the above named petitioner, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge -cum- Special Judge, Muzaffarpur, in connection with Maniyari P.S. Case No. 206 of 2015.

The learned court below will be at liberty to

Patna High Court Cr.Misc. No.47150 of 2016 (2) dt.10-05-2017 3/3 cancel the bail bonds of the petitioner in two eventualities i.e. if he defaults for two consecutive occasions or substantially gets involved in some serious nature of offence.

(Dinesh Kumar Singh, J) DKS/- U T