Santosh Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1025 of 2021 Arising Out of PS. Case No.-76 Year-2015 Thana- KARTAHA District- Vaishali ====================================================== SANTOSH SAHANI, S/o Mithlesh Sahani, R/o- Village- Madhuban Kanti@ Zamin Mathia, P.S.- Minapur, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Chandra Gandhi, Advocate For the Opposite Party/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 13-12-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

In this case, the petitioner apprehends his arrest in connection with Kartaha P.S. case No.- 76/2015 registered for the offence punishable under sections 379, 420/34 of the Indian Penal Code.

As per FIR, two unknown persons aged about 20 and 26 years, exchanged the A.T.M card of the informant and withdrew the money.

The learned counsel for the petitioner has submitted that the name of the present petitioner has figured only in confessional statement of co-accused Pankaj Kumar and except

Patna High Court CR. MISC. No.1025 of 2021(3) dt.13-12-2021 2/2 that, there is no any incriminating material against the petitioner. He has further submitted that on similar ground, co-accused Prakash Kumar has been granted anticipatory bail by a Coordinate Bench of this Court in Cr. Misc. No. 26624 of 2017, vide order dated 21.08.2017.

Considering the facts and circumstance of the case, let the petitioner above named, in the event of his arrest or surrender, within six weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Vaishali at Hajipur in Kartaha P.S. case No.- 76/2015, subject to condition as laid down under section 438 (2) Cr. P.C.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey , J) Gaurav Kumar/- U T