Patna High CourtCR. MISC./25421/2023bail granted

Santosh Kumar @ Santosh Yadav v. The State Of Bihar

2023-05-23Mr. Justice Shailendra Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25421 of 2023 Arising Out of PS. Case No.-37 Year-2022 Thana- TRIVENIGANJ District- Supaul ====================================================== Santosh Kumar @ Santosh Yadav Son Of Brahmadev Yadav R/O VillageKasaha, P.S.- Triveniganj, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sharda Nand Mishra, Advocate For the Opposite Party/s :

Mr.Mohammed Arif,, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 23-05-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Triveniganj P.S. Case No. 37 of 2022 dated 21.01.2022 registered for the offences punishable under Sections 395 and 397 of the Indian Penal Code and Section 27 of Arms Act.

3. The main submissions advanced by the learned counsel for the petitioner are that the petitioner is not named in the FIR and even his name did not find place in the protest petition filed by the informant before the trial court and his name transpired in the confessional statement of co-accused namely, Kanhaiya Chaudhary @ Murari Chaudhary but except this there is no other material to connect the petitioner to the alleged crime of attempt to murder and after the petitioner's

Patna High Court CR. MISC. No.25421 of 2023(2) dt.23-05-2023 2/3 remand in the present matter, he was not put on test identification parade and he has been languishing in jail since 17.11.2022 in the present matter, though against him there is criminal antecedent of one case but he is on bail in the said case and against him the investigation has been completed in the present matter.

4. Learned APP appearing for the State opposes the bail prayer.

5. Considering the above submissions and mainly the facts that the petitioner is not named in the FIR, though as per FIR some unknown persons were also involved in the commission of the alleged occurrence of attempt to murder but as per learned counsel for the petitioner this petitioner was not put on test identification parade despite the informant having claimed in the FIR to be able to identify the co-accused persons who have been shown as unknown persons in the FIR and as per the above submissions the name of this petitioner came into light during investigation in the confessional statement of coaccused Kanhaiya Chaudhary @ Murari Chaudhary, who revealed the name of this petitioner as well as 21 other persons being involved in the alleged crime and also taking into account the fact that as per FIR the main allegation of firing is against

Patna High Court CR. MISC. No.25421 of 2023(2) dt.23-05-2023 3/3 two co-accused persons namely, Amrendra Kumar Amar @ Shankar Sah and Chandan Kumar, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner namedabove be enlarged on bail in connection with Triveniganj P.S. Case No. 37 of 2022 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) Rajiv/- U T