Santosh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37451 of 2022 Arising Out of PS. Case No.-120 Year-2021 Thana- SAHODARA District- West Champaran ====================================================== SANTOSH RAM SON OF DIN DAYAL RAM R/O VILLAGE- PREM NAGAR, P.S.- SAHODARA, DISTRICT- WEST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-09-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 341, 323, 452, 307 and 302 read with section 34 of the Indian Penal Code. As per the prosecution case, the marriage of the Informant's son was solemnized with co-accused Rekha Devi. After marriage the informant's son and his wife Rekha Devi were earning their livelihood by running a cloth shop. Thereafter Rekha Devi disappeared with another person for

Patna High Court CR. MISC. No.37451 of 2022(2) dt.29-09-2022 2/3 which F.I.R was registered. It is further alleged that on 16.12.2021 the petitioner and co-accused persons in connivance with one another came to the shop of the informant's son and committed murder by slitting his throat and also looted Rs. 15 lakhs.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. It is further submitted that there is general and omnibus allegation against the petitioner. During investigation the I.O. had not sent the petitioner for trial though congnizance was taken against him and others. The petitioner is also accused in one more criminal case as stated in para 3 of the bail petition. The petitioner is in custody.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, West Champaran in connection with Sahodara P.S. Case No. 120 of 2021, with

Patna High Court CR. MISC. No.37451 of 2022(2) dt.29-09-2022 3/3 condition :-

1. One of the bailors shall be a close relative of the petitioner who shall give genealogy as to how he is related to the petitioner.

2. The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled. The application stands allowed.

(Chandra Prakash Singh, J) ayush/- U T