Santosh Singh @ Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36755 of 2024 Arising Out of PS. Case No.-761 Year-2023 Thana- KHAJANCHI HAT District- Purnia ====================================================== Santosh Singh @ Santosh Kumar SON OF LATE SURESH SINGH Village -Gangaili PS -k Nagar (Maranga) District -Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajiv Kumar Singh, Advocate For the Opposite Party/s :

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with K. Hat P.S. Case No. 761 of 2023 instituted for the offence under Section 392 of the Indian Penal Code.

3.

Prosecution case in short is that the four unknown accused persons took away Rs. 1,26,754/- from the dickky of the motorcycle and also other belongings of the informant and fled away.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 15-02-2024. Petitioner bears five criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

Patna High Court CR. MISC. No.36755 of 2024(2) dt.15-05-2024 2/2 5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Name of the petitioner has transpired on the basis of confessional statement of co-accused, namely, Chandan Kumar, and the same has no evidentiary value. No any incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has not been put on T.I.P. Other coaccused has been granted bail by this Court vide order dated 0202-2024, passed in Cr. Misc. No. 4306 of 2024. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, and claim based on parity, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail, after framing of charge, if not already framed, 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 K. Hat P.S. Case No. 761 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T