Patna High CourtCR. MISC./34656/2019bail granted

Santosh Kumar v. The State Of Bihar

2019-05-28Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34656 of 2019 Arising Out of PS. Case No.-269 Year-2018 Thana- CHANDAUTI District- Gaya ====================================================== SANTOSH KUMAR Son of Late Khaderan Sao Resident of Village- Pirkha Sarai, Saraiya Bazar, P.S.- Khizarsarai and District- Gaya. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 14.12.2018 in a case registered for the offence punishable under Sections 399, 402, 414 of the Indian Penal Code and Sections 25(1-B)a, 26 and 35 of the Arms Act. The prosecution case is that on the basis of secret information being received to the effect that some miscreants are preparing to commit dacoity, a raid was laid when a bolero vehicle was intercepted in which five persons, including the petitioner, were found travelling and during frisking, from the possession of the petitioner, one country made pistol and four cartridges were recovered.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.34656 of 2019(2) dt.28-05-2019 2/2 that the petitioner has maliciously been framed in the present case and the investigation has already been concluded. It is further alleged that apart from the present case, the petitioner is accused in three other cases and out of three cases, in two cases, he is on bail.

Learned APP for the State submits that said recovery has been made from the possession of the petitioner. Considering the fact that the investigation has already been concluded, let the above named petitioner 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 CJM, Gaya in connection with Chandauti P.S. Case No. 269 of 2018.

(Dinesh Kumar Singh, J) Ashwini/- U T