Santosh Kumar @ Santosh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42945 of 2024 Arising Out of PS. Case No.-61 Year-2024 Thana- SAMASTIPUR GRP CASE DistrictSamastipur ====================================================== Santosh Kumar @ Santosh Sah S/o Ashok Sah Resident of VillageChandopatti, Ward No. 04, P.O.-Sambhupatti, P.S.-Karpoorigram, DistrictSamastipur, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Samastipur GRP P.S. Case No. 61 of 2024 instituted for the offence under Section 379 of the Indian Penal Code. 3.

Prosecution case in short is that informant has parked the motorcycle near the parcel gate of railway station and when he returned he did not found his motorcycle. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 01-04-2024. Petitioner is a man of clean antecedent.

5.

It has been further submitted by the petitioner's

Patna High Court CR. MISC. No.42945 of 2024(2) dt.25-06-2024 2/2 counsel that petitioner has been falsely implicated in the present case. There is no independent witness to the occurrence. Petitioner was not put on T.I. Parade. It is alleged that motorcycle has been recovered from the possession of the petitioner, but the same was taken as mortgage from his neighbour. It is next submitted that there is no compliance of Section 100 Cr.P.C.

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 clean antecedent of the petitioner, 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 Samastipur GRP P.S. Case No. 61 of 2024.

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