Patna High CourtCR. MISC./27948/2024bail granted

Santosh Kumar v. The State Of Bihar

2024-04-18Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27948 of 2024 Arising Out of PS. Case No.-758 Year-2023 Thana- RAMPUR District- Gaya ====================================================== Santosh Kumar Son of Gopal Prasad R/o Mohalla- Sudhi Tola More, P.S.- Muffasil, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Priya Ranjan For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-04-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioner seeks bail in connection with Rampur P.S. Case No. 758 of 2023 instituted for the offences under Sections 414, 420, 467, 468/34 of the Indian Penal Code.

3. The allegation against the petitioner is that from his possession a stolen motorcycle has been recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner has no concern with the seized

Patna High Court CR. MISC. No.27948 of 2024(2) dt.18-04-2024 2/3 motorcycle and he has been wrongly implicated by the police on the basis of suspicion and nothing have been found or recovered from the conscious possession of the petitioner. He further submitted that the petitioner has been made accused in the present case, because he was just passing from the place of occurrence. Charge-sheet has been submitted in this case. The petitioner is in judicial custody since 18.12.2023 and he has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the facts and circumstances of the case as well as the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the 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 Court below/concerned Court in connection with Rampur P.S. Case No. 758 of 2023, Subject to following conditions: (i) One of the bailors shall be own/close member of the family of the petitioner.

(ii) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two

Patna High Court CR. MISC. No.27948 of 2024(2) dt.18-04-2024 3/3 consecutive dates, the trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Arish/- U T