Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26458 of 2025 Arising Out of PS. Case No.-53 Year-2023 Thana- SUGAULI District- East Champaran ====================================================== Santosh Kumar S/o Ratan Mahto Resident of Village- Siswa, Ajagari, P.SBanjariya, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjana Srivastava, Advocate For the Opposite Party/s :

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sugauli P.S. Case No. 53 of 2023 instituted for the offences under Section 394 of the Indian Penal Code.

3. Prosecution case, in short, is that, four accused persons boarded on two motorcycles came at petrol pump and on the point of pistol, robbed Rs. 35,000/- and mobile phone from the informant.

4. Learned counsel for the petitioner submitted that the petitioner 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 Guddu Sahani. No incriminating article has been recovered from the conscious possession of the petitioner.

Patna High Court CR. MISC. No.26458 of 2025(2) dt.05-05-2025 2/2 Learned counsel further submitted that petitioner has got no concern with the looted articles. There is no compliance of Section 103 of the BNSS. It has been submitted on behalf of the petitioner that the petitioner is in custody since 22.01.2025 and has two criminal antecedents. The co-accused person has already been granted bail by this Court vide order dated 18.03.2024 passed in Cr. Misc. No. 19711 of 2024.

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, claim based on parity 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 Sugauli P.S. Case No. 53 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T