Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30800 of 2019 Arising Out of PS. Case No.-84 Year-2019 Thana- GAYA MUFASIL District- Gaya ====================================================== SANTOSH KUMAR, Male, aged about 36 years, Son of Ramanand Prasad Resident of Mohalla - Godawari Bhairo Asthan, P.S.- Rampur, Distt - Gaya ... Petitioner

Versus

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

For the Petitioner :

Mr. Anuj Kumar, Adv.

For the Opposite Party :

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 2 14-05-2019 Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State. The petitioner seeks bail in connection with Muffasil P.S. Case No. 84 of 2019 for the offences alleged under Sections 467, 468, 471, 413 and 414 of the Indian Penal Code.

The prosecution case, as lodged by the police personnel, is that during the course of vehicle checking two persons, Purshottam Kumar and Kalicharan Thakur, were apprehended in a Sumo Victa vehicle, who did not show any proper documents regarding ownership of the said vehicle and revealed the name of garage from where they had purchased the said vehicle. On interrogation of co-accused, Anil Kumar, he disclosed that the said vehicle was a stolen property and the petitioner along with others are dealing in stolen vehicles. Accordingly, a seizure list was prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated in the aforesaid case. He submits that he bears no criminal antecedent and the confessional statement of the co-accused before the police does not have any

Patna High Court CR. MISC. No.30800 of 2019(2) dt.14-05-2019 2/2 evidentiary value in the eye of law and he is languishing in judicial custody since 10.03.2019.

However, the learned Additional Public Prosecutor for the State opposes the prayer for bail.

Considering the nature of allegations and the materials on record, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Muffasil P.S. Case No. 84 of 2019 to the satisfaction of the learned Chief Judicial Magistrate, Gaya, or the successor Court, subject to the following conditions :

(i) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner. (ii) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned Court below for cancellation of his bail bonds.

(Nilu Agrawal, J) Shamshad/- U T