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Patna High CourtCR. MISC./26215/2025bail granted

Satya Kumar @ Tantan v. The State Of Bihar

2025-05-14Mr. Justice Sourendra Pandey4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26215 of 2025 Arising out of PS. Case No.-256 Year-2024 Thana- DHANARUA District- Patna ====================================================== Satya Kumar @ Tantan, Son of Dayanand Prasad, R/o Vill- Lalsha Chak, P.S.- Dhanarua, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 14-05-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

2. The petitioner seeks bail in connection with Dhanarua P.S. Case No. 256 of 2024 dated 20.05.2024 instituted for the offences under Section 392 of the Indian Penal Code. He has two criminal antecedents, i.e., (i) Punpun P.S. Case No. 30 of 2023 registered for the offences under Sections 379 and 411/34 IPC and (ii) Dhanarua P.S. Case No. 384 of 2024 registered for the offences under Sections 305 and 331(4) of the Bhartiya Nyay Sanhita, 2023.

3. The prosecution case is to the effect that the informant who was working as delivery boy while he was returning to his office some miscreants on the point of pistol had snatched away Rs. 15,640/- from him and also taken away goods which

2/4 were kept in a bag as well as the key of the motorcycle.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case later as he is not named in the FIR and his name has surfaced in the confessional statement of one Alok Kumar who was arrested in Dhanarua P.S. Case No. 384 of 2024 and had confessed his guilt before the police. Learned counsel for the petitioner further submits that no ganja has been recovered from the possession of the petitioner and till date no TIP has been done to ascertain the identity of the petitioner to be involved in the present case. It is lastly submitted by learned counsel for the petitioner that the petitioner is in custody since 23.01.2025.

5. Learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner and has submitted that the petitioner is involved in a case of loot.

6. Considering the aforesaid submissions of learned counsel and taking into account the fact that petitioner's name has surfaced in the confessional statement of one Alok Kumar and no incriminating article has been recovered from the conscious possession of the petitioner and petitioner is in custody since 23.01.2025, the petitioner above named, is directed to be released on bail on furnishing bail-bond of Rs. 10,000/- (Rupees

3/4 Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-divisional Judicial Magistrate, Masaurhi, Patna in connection with Dhanarua P.S. Case No. 256 of 2024, subject to the the following conditions:- (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court.

(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be canceled by the Court concerned.

(iv) And further condition that the court below shall verify the criminal antecedent of the petitioner except the above-mentioned two cases and in case at any stage it is found that the petitioner has concealed his criminal antecedent except these two cases, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail

4/4 bonds in terms of the above-mentioned order shall not be delayed for purpose of the same or in the name of verification.

7. In view of the antecedents of the petitioner, the petitioner is directed to appear before the Superintendent of Police, Patna within fifteen days of his release with a copy of this order and every two weeks thereafter for the next nine months. The conduct of the petitioner will be kept under watch in this period by the Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned. (Sourendra Pandey, J) Vikash/- U T