Santosh Yadav @ Santosh Kumar Yadav @ Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35065 of 2021 Arising Out of PS. Case No.-497 Year-2019 Thana- DOBHI District- Gaya ====================================================== SANTOSH YADAV @ SANTOSH KUMAR YADAV @ SANTOSH KUMAR S/O SAHDEV YADAV R/o village- Parari, P.S.- Hunterganj, District- Chatra (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

The petitioner is apprehending his arrest in connection with Dobhi (Sherghati) P.S. case No.497 of 2019 registered under Sections 399, 402 of the Indian Penal Code and Sections 25(1-B)a, 26 of the Arms Act.

Allegation is that country made pistol and cartridge are recovered.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against

Patna High Court CR. MISC. No.35065 of 2021(2) dt.22-12-2021 2/2 the petitioner. The petitioner has falsely been implicated in the present case. Arms is said to have been recovered from the possession of co-accused. There is no recovery of arms from the possession of the petitioner. The name of the petitioner has transpired in this case on the disclosure made by co-accused. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.

10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Sherghati, Gaya in connection with Dobhi (Sherghati) P.S. case No.497 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Narendra/- (Sudhir Singh, J) U T