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Patna High CourtCR. MISC./46859/2019dismissed

Santosh Kumar v. The State Of Bihar

2019-07-31Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46859 of 2019 Arising Out of PS. Case No.-402 Year-2018 Thana- SONEPUR District- Saran ====================================================== SANTOSH KUMAR Son of Birendra Singh Resident of Village - Rahimpur, P.S.- Bidupur, Distt - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-07-2019 Earlier the prayer for bail of the petitioner was dismissed vide order dated 05.11.2018 passed in Cr. Misc. No. 61458 of 2018 and allegation against the petitioner is of kidnapping of son of informant and demanding of ransom and it appears that in para 180 of the case diary as well as in Test Identification Parade, the victim has identified the petitioner. Submission of learned counsel for the petitioner is that similarly situated co-accused has already been enlarged on bail by a coordinate Bench of this Court vide order dated 11.12.2018 passed in Cr. Misc. No. 47157 of 2018 and the case is of the petitioner is at better footing than the co-accused, who has been enlarged on bail. Further submission is that the petitioner has been in judicial custody since 09.05.2018.

Heard learned A.P.P. also.

Patna High Court CR. MISC. No.46859 of 2019(2) dt.31-07-2019 2/2 Having heard both sides, considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail.

This application is accordingly dismissed.

(Vinod Kumar Sinha, J) sunilkumar/- U T