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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30069 of 2015 Arising Out of PS.Case No. -309 Year- 2013 Thana -GOPALPUR District- BHAGALPUR ======================================================

1. Santosh Singh @ Santosh Kumar Singh son of Parmanand Singh Resident of Village Panchgachia, P.s Gopalpur, District Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjan Kumar Jha For the Opposite Party/s : Mr. Parmanand Kumar(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 3 14-10-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with a case registered for the offences punishable under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act. Diary in this case was called for earlier which has since been received.

Learned counsel for the petitioner submits that the petitioner has been named in connection with the present case on mere suspicion that since he was involved in the other case in same police Station and he may have been responsible for the same. He further submits that admittedly in supervision note at paragraph No. 57 of the case diary, the case has been filed against some unknown miscreant and not against this petitioner.

Patna High Court Cr.Misc. No.30069 of 2015 (3) dt.14-10-2015 P2/2 Learned counsel for the State after perusing the case diary has been unable to point out any cogent material so to implicate this petitioner.

Considering the aforementioned facts and circumstances and that the petitioner's name surfaced only because he is having a criminal history in the said Police Station with no other circumstantial evidence to connect him in the case or any enmity whatsoever, let the petitioner, in the event of his arrest / surrender within a period of three weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the each amount to the satisfaction of the learned Additional Chief Judicial Magistrate, Naugachia, Bhagalpur in connection with Gopalpur P.S. Case No. 309 of 2013 subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Anjana Mishra, J) Saif/- U