Patna High CourtCR. MISC./25162/2022bail granted

Santosh Kumar v. The State Of Bihar

2023-01-12Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25162 of 2022 Arising Out of PS. Case No.-522 Year-2021 Thana- SURSAND District- Sitamarhi ====================================================== SANTOSH KUMAR, S/o Raghubir Paswan, R/o village- Sahorwa, Ward No. 18, P.S.- Sonbersa, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Devendra Kumar, Advocate For the Opposite Party/s :

Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-01-2023 Heard learned counsel for the parties.

The petitioner has prayed for grant of regular bail in a case registered under sections 395 and 397 of the Indian Penal Code and sections 3 and 4 of the Explosive Substances Act. As per the prosecution case, 15-20 unknown accused persons entered the house of the informant and committed dacoity. They took away ornaments and cash as stated in the F.I.R.

It is submitted by learned counsel for the petitioner that the F.I.R has been registered against unknown. The name of the petitioner transpired in the confessional statement of a co-accused made before police. No incriminating article has been recovered from his possession. Inspite of his being in custody since 24.1.2022, he has not been put on T.I. Parade and

Patna High Court CR. MISC. No.25162 of 2022(3) dt.12-01-2023 2/2 charge-sheet 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 nature of material that has transpired in course of investigation especially no incriminating article having been recovered from the petitioner's possession and charge-sheet having been submitted in the case without putting the petitioner on T.I. Parade inspite of the petitioner being in custody for more than 11 months since 24.1.2022, the petitioner is directed to be enlarged on bail in connection with Sursand (Bihta O.P.) P.S. Case no. 522 of 2021 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 Additional Chief Judicial Magistrate, Pupri, Sitamarhi. (Partha Sarthy, J) avinash/- U T