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Patna High CourtCR. MISC./41237/2023bail granted

Santosh Kumar Soni v. The State Of Bihar

2023-07-19Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41237 of 2023 Arising Out of PS. Case No.-445 Year-2022 Thana- SAHPUR District- Patna ====================================================== SANTOSH KUMAR SONI S/O HARENDRA PRASAD R/O Village- Laxmi Chak, P.S- Shahpur, Danapur, Distt.- Patna, Pin- 801503 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suresh Pd Singh No.1 For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-07-2023 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 connection with Shahpur P.S. Case No. 445 of 2022 dated 6.9.2022 registered for the offence punishable u/s 365, 302, 201, 120B/34 of the Indian Penal Code. As per the prosecution case, the son of the informant went outside from his home to take some medicines but he did not return. The informant suspected that his son had been kidnapped and the informant registered a complaint in the local

Patna High Court CR. MISC. No.41237 of 2023(2) dt.19-07-2023 2/3 police station.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Nothing incriminating material has been recovered from the conscious possession of the petitioner. The petitioner is not named in the FIR. The name of the petitioner has transpired in this case on his self-confessional statement. The co-accused person has already been granted bail by the Coordinate Bench of this Court vide order dated 26.6.2023 passed in Cr. Misc. No. 16962 of 2023. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 22.9.2022.

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 as well as the period of custody, the petitioner abovenamed, 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, Danapur, Patna in connection with Shahpur P.S. Case No. 445 of 2022.

Patna High Court CR. MISC. No.41237 of 2023(2) dt.19-07-2023 3/3 The application stands allowed.

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