Santosh Kumar Yadav @ Santosh Narayan Yadav @ Suraj Samrat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54082 of 2016 Arising Out of PS.Case No. -628 Year- 2016 Thana -SAHARSA District- SAHARSA ======================================================

1. Santosh Kumar Yadav @ Santosh Narayan Yadav @ Suraj Samrat son of Bhuvneshwari Yadav resident of Village : Mahmadpur, P.S. Nauhatta, District : Saharsa, at present resident of Sant Nagar, Ward No. 15, Gangjala, P.S. : Saharsa, District : Saharsa.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sameer Ranjan, Advocate For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 16-02-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

This is a petition for grant of regular bail in a case registered for offences punishable under Section 307 of the Indian Penal Code and Sections 27 of the Arms Act.

Allegation is of firing on the body of the vehicle of the car of the informant when the informant along with his driver proceeded from Naya Nagar to surya Hospital.

Submission is that the petitioner has been dragged into this case only on the basis of confessional statement of coaccused Kartik Kumar @ Chhotu and the petitioner is neither named in the F.I.R. nor arrested on the spot. It is also submitted

Patna High Court Cr.Misc. No.54082 of 2016 (3) dt.16-02-2017 2/2 that no incriminating article has been recovered from the conscious possession of the petitioner and no T.I.P. has been done as yet. The petitioner is in custody since 02.09.2016. However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances, let the above named petitioner, Santosh Kumar Yadav @ Santosh Narayan Yadav @ Suraj Samrat is directed to 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 Additional Chief Judicial Magistrate, Saharsa in connection with Saharsa Sadar P. S. Case No. 628 of 2016.

(Arvind Srivastava, J) Sudha/- U T