Santosh Kumar @ Santosh Kumar Ram v. The State Of Bihar

Patna High Court Cr.Misc. No.50254 of 2015 (2) dt.04-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50254 of 2015 Arising Out of PS.Case No. -203 Year- 2015 Thana -JAYNAGAR District- MADHUBANI ======================================================

1. Santosh Kumar @ Santosh Kumar Ram Son of Late Kunja Ram Resident of village - Union Tole Jaynagar, P.S. Jainagar, District - Madhubani .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Md.Nazir Ansari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 04-01-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Jay Nagar P.S. Case No. 203 of 2015 registered for the offences punishable under Sections 457, 380 and 411 of the Indian Penal Code. Allegedly, the petitioner and other three F.I.R. named accused persons entered into the house of the informant and thereafter, after hearing a sound, the informant woke up and saw the petitioner and others fleeing away but the petitioner and two others were caught and they disclosed that the stolen laptop and other articles were taken away by Rohan Kumar Paswan and thereafter, Rohan Kumar Paswan was apprehended and the stolen laptop and other articles were recovered.

Patna High Court Cr.Misc. No.50254 of 2015 (2) dt.04-01-2015 Submission is of false implication and that the petitioner by remaining in custody, now has been sufficiently penalized, he has no criminal antecedent. Chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence.

The learned A.P.P. fairly submits that the petitioner by remaining in custody has been sufficiently penalized. In the facts and circumstances stated above, the petitioner, Santosh Kumar @ Santosh Kumar Ram, is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned S.D.J.M., Madhubani arising out of Jay Nagar P.S. Case No. 203 of 2015 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) sushma/- U T