Santosh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40121 of 2022 Arising Out of PS. Case No.-225 Year-2021 Thana- BELA District- Sitamarhi ====================================================== Santosh Kumar Son Of Raghubir Paswan Resident Of Village - Sahorba, Ward No.- 18, P.S. - Sonvarsha, District - Sitamarhi (Bihar). ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Uday Kumar, Advocate For the Opposite Party/s :
Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-01-2023 Heard learned counsel for the petitioner, learned counsel for the State and perused the case diary. The petitioner is in custody in a case registered for the offence punishable under Sections 395 and 397 of the Indian Penal Code, Section 27 of the Arms Act and Sections 3/4 of the Explosive Substances Act.
As per prosecution case, on 02.12.2022, miscreants carrying arms entered into the informant's house and took away Rs.3 lac, golden ornaments, mobile phone and other materials. One of them was apprehended by Chowkidar but he manged to flee away while exploding bomb.
Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He further submits that no test identification parade was held and no any
Patna High Court CR. MISC. No.40121 of 2022(3) dt.04-01-2023 2/2 recovery was made from the possession of the petitioner. Similarly situated co-accused has been granted regular bail by a Co-ordinate Bench of this Court passed in Cr. Misc. No. 34749 of 2022. Petitioner is in judicial custody since 15.02.2022. Learned APP appearing for the State has opposed the prayer for regular bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to 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 learned SDJM, Sitamarhi in connection with Bela P.S. Case No. 225 of 2021. (Sunil Kumar Panwar, J) Brajesh Kumar/- U T