Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21427 of 2023 Arising Out of PS. Case No.-682 Year-2022 Thana- LAHERIMUHALLA District- Nalanda ====================================================== SANTOSH KUMAR SON OF SRI SHANKAR SINGH RESIDENT OF VILLAGE - DHANAMA DIH, P.S. - SARMERA, DISTT. - NALANDA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rana Baljit Singh, Advocate For the Opposite Party/s :

Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-05-2023 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in connection with Laheri P.S. Case no.682 of 2022 registered under sections 399 and 402 of the Indian Penal Code and sections 25(1-B)(a), 26 and 35 of the Arms Act. As per the prosecution case, it is stated by the informant-police personnel that at the time of patrolling, seeing the police personnel some persons started to run. Some of the accused persons including the petitioner were stopped and on search two live cartridges were recovered from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. No incriminating article has been recovered from his possession.

Patna High Court CR. MISC. No.21427 of 2023(2) dt.17-05-2023 2/2 He is in custody since 31.12.2022. He has no criminal antecedent and chargesheet has been submitted in the case. Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the allegations in the FIR according to which two live cartridges were recovered from the petitioner's possession, the petitioner having remained in custody for 4 months since 31.12.2022 and chargesshet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Laheri P.S. Case no. 682 of 2022 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalanda at Biharsharif.

(Partha Sarthy, J) Bibhash U