Santosh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27508 of 2024 Arising Out of PS. Case No.-649 Year-2023 Thana- BARH District- Patna ====================================================== SANTOSH KUMAR SON OF DILIP YADAV RESIDENT OF VILLAGE - GULABBAG, P.S. - BARH, DISTRICT - PATNA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajesh Kumar Sinha, Advocate For the Opposite Party/s :
Mr.Chaubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-04-2024 Heard Mr. Rajesh Kumar Sinha, learned counsel for the petitioner and Mr. Chaubey Jawahar, learned APP for the State.
2. The petitioner seeks bail in connection with Barh P.S. case No. 649 of 2023 instituted for the offences under Section 392 of the Indian Penal Code.
3. Prosecution case, in short, is that the petitioner along with two other co-accused persons intercepted the vehicle of the informant and snatched mobile phone and Rs. 1.36 lakhs from the pocket of the informant on gunpoint.
Patna High Court CR. MISC. No.27508 of 2024(2) dt.10-04-2024 2/3
4. Learned counsel for the petitioner submitted that the petitioner is innocent and has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case on the basis of confessional statement of the co-accused Amarjit Kumar who has already been granted bail by this Court vide order dated 04.03.2024 passed in Cr. Misc. No. 12963 of 2024. Learned counsel further submitted that T.I.P. has not been conducted till date. No incriminating article has been recovered from the conscious possession of the petitioner. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 23.11.2023 and has one 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 aforesaid facts and circumstances of the case, as also 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 Barh P.S. case No.
Patna High Court CR. MISC. No.27508 of 2024(2) dt.10-04-2024 3/3 649 of 2023.
(Rudra Prakash Mishra, J) Alok Verma/- U T