Patna High CourtCR. MISC./49165/2021bail granted

Santosh Kumar v. The State Of Bihar

2021-11-24Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49165 of 2021 Arising Out of PS. Case No.-185 Year-2020 Thana- BACHHWARA District- Begusarai ====================================================== SANTOSH KUMAR S/o SRI RAM LALIT KUNWAR R/o VILLAGESHAHWAJPUR, P.S-UJIYARPUR, DISTRICT-SAMSATIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lakshmindra Kumar Yadav For the Opposite Party/s :

Mr. Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-11-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 393 of the Indian Penal Code.

As per the prosecution case, on 17.09.2020 at 4 AM while informant reached near Rashidpur chowk, three miscreants riding on a motor cycle, armed with fire arms, intercepted him and attempted to commit robbery. Learned counsel appearing for the petitioner submits that petitioner is not named in the FIR. The name of petitioner has come in this case during the course of investigation in the confessional statement of co-accused, Abhiranjan Kumar. No incriminating article has been recovered from the possession of the petitioner and till date the petitioner has not been put on Test

Patna High Court CR. MISC. No.49165 of 2021(2) dt.24-11-2021 2/2 Identification Parade. The alleged motor cycle recovered from the place of occurrence is registered in the name of Jay Prakash Kumar, son of Ram Karan Kumar, resident of Shahwajpur. Petitioner is in custody since 24.02.2021 and investigation in this case is complete.

Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case and the period of custody of the petitioner, let the petitioner, above named, 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 Chief Judicial Magistrate, Begusarai in connection with Bachhwara PS case No.185/2020. (Prabhat Kumar Singh, J) BKS/- U T