Santosh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29197 of 2020 Arising Out of PS. Case No.-148 Year-2019 Thana- JAGDISHPUR District- Bhagalpur ====================================================== Santosh Kumar, (Male), aged about 23 years, Son of Sri Ashok Sah Resident ofVillage-Kalgiganj, P.S.-Kahalgaon, District-Bhagalpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shyam Kishor Das For the Opposite Party/s :
Mr.A.G.
====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 11-11-2020 Heard Mr. Shyam Kishor Das, learned counsel for the petitioner and Mr. Anuj Kumar Shrivastava, learned counsel for the State.
In this case, the petitioner is seeking bail in connection with Jagdishpur (Goradih) P.S. Case No. 148 of 2019 registered for offences under section 395 of the Indian Penal Code.
This is the second attempt of the petitioner for bail. Earlier, the petitioner had moved before this Court with a prayer for bail in Cr. Misc. No. 74633 of 2019 and this Court, vide order dated 27.11.2019, rejected the same with a liberty to the petitioner to renew his prayer for bail after completion of one year of judicial custody.
The petitioner is languishing in judicial custody
Patna High Court CR. MISC. No.29197 of 2020(2) dt.11-11-2020 2/2 since 18.6.2019 i.e. for more than one year.
Looking to the period of custody, 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 learned Chief Judicial Magistrate, Bhagalpur in connection with Jagdishpur (Goradih) P.S. Case No. 148 of 2019, subject to the condition that (i) one of the bailors shall be a close relative of the petitioner (ii) if the petitioner is found involved in future in similar type of case, the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order, including cancellation of bail and (iii) the petitioner would cooperate the proceeding of the court below. In event of failure to appear on two consecutive dates, the court below will be at liberty to pass the order, including cancellation of bail bonds. (Shivaji Pandey, J) rishi/- U T