Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36365 of 2022 Arising Out of PS. Case No.-10 Year-2021 Thana- DHAMDAHA District- Purnia ====================================================== Santosh Kumar Son of Krityanand Mehta Resident of Village- Sipahitola Purnia, P.S.- K. Hat, District- Purnea, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Adv.

Ms. Preety Kunwar, Adv.

Mr. Kumar Rajdeep, Adv.

Mr. Arvind Kumar, Adv.

For the Opposite Party/s :

Ms. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 02-11-2022 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner has renewed his prayer for grant of bail in a case registered under sections 364 and 34 of the Indian Penal Code and section 302 of the Indian Penal was added subsequently.

The earlier application for bail of the petitioner was rejected vide order dated 20.12.2021 passed in Cr. Misc. no.31893 of 2021.

As per the prosecution case, the son of the informant was having an affair with the daughter of one Ambika Prasad Mehta. It is stated that the informant's son was taken away by Ranjeet Kumar Yadav on his motorcycle to a Chowk in Damgaraha where the accused persons were also present and,

Patna High Court CR. MISC. No.36365 of 2022(4) dt.02-11-2022 2/2 thereafter, the informant's son was kidnapped. It is submitted by learned counsel for the petitioner that the petitioner is in custody since 3.2.2021 and has no criminal antecedent. His case stands on similar footing to that of coaccused Bambam Mehta who has been enlarged on bail vide order dated 28.9.2022 passed in Cr.Misc. No.43475 of 2022. The petitioner undertakes to cooperate in the trial. Having heard learned counsel for the parties and taking into consideration the submissions made, grant of bail to coaccused Bambam Mehta by the aforesaid order dated 28.9.2022 and the petitioner having remained in custody since 3.2.2021, the petitioner is directed to be enlarged on bail in connection with Dhamdaha P.S. Case no. 10 of 2021 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnea on the following conditions:

(i) The petitioner shall cooperate in the trial. (ii) The petitioner shall remain physically present on each date of the trial.

Bibhash/- (Partha Sarthy, J) U