Santosh Kumar Soni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47989 of 2017 Arising Out of PS.Case No. -130 Year- 2011 Thana -BIKRAMGANJ District- SASARAM (ROHTAS) ====================================================== Santosh Kumar Soni, son of Jagdish Seth, R/o Village- Tenduni Ward No. 2, P.S.- Bikramganj, District- Rohtas at Sasaram. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Raghunandan Kumar Singh For the Opposite Party/s : Mr. Dilip Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-11-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Bikramganj P.S. Case No. 130 of 2011, registered for the offences punishable under Sections 25(1-B)(a), 26, 35 of the Arms Act and 3/4 of Explosive Substance Act.

Petitioner is not named in the FIR and later on his name transpires during course of investigation.

Submission of learned counsel for the petitioner is that the case is of the year 2011 and petitioner is not named in the FIR and later on a bomb was recovered from the hotel of which the petitioner is said to be owner but no step was taken for issuing warrant against him and later on he was noticed in the year 2017 by police station and after arresting him he was sent to jail custody and he is in jail since 8.7.2017 having no criminal antecedent. Heard learned APP also.

Having heard both sides and from perusal of report received from the Superintendent of Police it appears that no warrant was issued against the petitioner as he was not named in

Patna High Court Cr.Misc. No.47989 of 2017 (3) dt.08-11-2017 2/2 the FIR and later on, on the basis of notice he was arrested in this case, considering the aforesaid as aspect of the matter and petitioner has no criminal antecedent, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Bikramganj, Rohtas at Sasaram, in connection with Bikramganj P.S.Case No. 130 of 2011, G.R.No. 878 of 2011, subject to the conditions as follows :

(1) One of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned, (2) Petitioner will co-operate in trial and appear on each and every date in court and on failure to appear on two consecutive dates without any genuine ground or without permission of court, his bail bond shall be cancelled.

(Vinod Kumar Sinha, J) spal/- U