Santosh Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29350 of 2022 Arising Out of PS. Case No.-209 Year-2022 Thana- FORBESGANJ District- Araria ====================================================== Santosh Kumar Das Son of Jagdish Das, Resident of Village- Khajurbari Ward No 06 P S- Jogbani Distt - Araria.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Prasad Singh, Advocate For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 25-08-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Let the defects, as pointed out by the office, be removed within a period of four weeks from today. Petitioner seeks bail in a case registered for the offences punishable under Sections 392 of the Indian Penal Code and later on Section 412 of the I.P.C. added. According to prosecution case, as per F.I.R. on 26.02.2022 while the informant Mahesh Kumar Bhagat was in his jewelery shop stituated in Keshari mohalla, Forbesganj in the meantime two persons came at his shop and on gun point threatened his son with life and looted away Rs.30,000/- from cash counter and Rs. 4 lacs from the cash chamber of the shop and fled away from there giving threat of life.

Patna High Court CR. MISC. No.29350 of 2022(2) dt.25-08-2022 2/3 Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. He further submits that in fact the petitioner was not named in the F.I.R. and the name of the petitioner has been transpired on the basis of confessional statement of co-accused namely, Md. Ido @ Idd. He further submits that nothing has been recovered from the conscious possession of the petitioner and till date no TIP has been conducted by the prosecution. The petitioner is in custody since 09.03.2022.

The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner on the ground that petitioner carries one criminal antecedent other than the present one.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Forbesganj P.S. Case No. 209 of 2022, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present

Patna High Court CR. MISC. No.29350 of 2022(2) dt.25-08-2022 3/3 as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) mdrashid/- U T