Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57389 of 2021 Arising Out of PS. Case No.-193 Year-2020 Thana- DUMARIAGHAT District- East Champaran ====================================================== SANTOSH KUMAR Son of Deodhari Prasad Yadav Resident of VillageSiswa Kharar, P.S.- Kalyanpur, District- East Champaran. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Vijay Shankar Shrivastava, Advocate For the Opposite Party :

Mr.Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-01-2022 Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under section 394, 302/34 and other ancillary sections of the Indian Penal Code and section 27 of the Arms Act.

As per the prosecution case, at 8 PM while the informant was returning from house of his relative on motorcycle, all of a sudden three motorcycle borne unknown persons chased him and one of them fired upon him with his pistol causing fire arms injury on the right side chest of the informant who died during course of treatment. Accused persons took away motorcycle and mobile phone of the victim.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Petitioner's name has figured during course of investigation in his own confessional statement made in another case and save and except the same, no other substantive evidence has been collected during course of

Patna High Court CR. MISC. No.57389 of 2021(2) dt.31-01-2022 2/2 investigation to suggest the implication of this petitioner in the present case. Petitioner is in custody since 9.1.2021. Investigation is complete.

Learned counsel appearing for the State opposes the prayer for bail and submits that the petitioner has got criminal antecedent.

Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, East Champaran, Motihari in Duariya Ght Police Station Case No. 193 of 2020.

(Prabhat Kumar Singh, J) Shashi U T