Santosh Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.49195 of 2016 (3) dt.10-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49195 of 2016 Arising Out of PS.Case No. -185 Year- 2016 Thana -BARACHATTI District- GAYA ====================================================== Santosh Kumar son of Madan Yadav Resident of Village- Khuti Kewal P.S. Hantarganj, District- Chatra.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. N.A. Shamsi, Advocate : Md. Syed Ehteshamuddin, Advocate For the Opposite Party : Mr. Sri Arun Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-01-2017 Heard learned counsel for the petitioner as well as learned A.P.P. for the State.

The application is for grant of bail for the offence under Sections 147, 148, 149, 307, 353, 414 of the Indian Penal Code, 25(1-b)a/26/27/35 of Arms Act and Section 17 of C.L. Act. It has been submitted on behalf of petitioner that even from seizure list, which has been annexed as Annexure-2 to the petition, it appears that nothing has been recovered from the possession of the petitioner rather it was recovered from a kutcha road. It is further submitted that petitioner is languishing in judicial custody since 04.06.2016 and now charge-sheet has been submitted in this case and there is no chance of tampering with prosecution evidence.

Patna High Court Cr.Misc. No.49195 of 2016 (3) dt.10-01-2017 Heard learned A.P.P. also. He has opposed the prayer for bail.

Having heard both sides. In view of the facts and circumstances of the case and considering that petitioner is in custody for more than six months, let the abovenamed petitioner be enlarged on bail on furnishing bail bond of Rs. 10,000/-(Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of Addl. Chief Judicial Magistrate, Sherghati (Gaya) in connection with Barachatti P.S. case no. 185 of 2016. (Vinod Kumar Sinha, J.) rinkee/- U T