Santosh Kumar@Chhotu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5190 of 2021 Arising Out of PS. Case No.-403 Year-2020 Thana- BUXAR District- Buxar ====================================================== SANTOSH KUMAR@CHHOTU SON OF GUPTESHWAR YADAV RESIDENT OF VILLAGE- BYPASS ROAD BUXAR, KOIRPURWA, P.S.- BUXAR (T), DISTRICT- BUXAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashwini Kumar Rai, Advocate For the Opposite Party/s :

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-07-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with Buxar (Town) P.S. Case no. 403 of 2020 registered under section 393 of the Indian Penal Code.

As per allegation in the FIR, five named accused persons including the petitioner herein, on the point of pistol made an attempt to commit robbery in the shop. It is stated that while the petitioner and others managed to escape the accused Akshay Kumar was caught.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. He

Patna High Court CR. MISC. No.5190 of 2021(3) dt.06-07-2021 2/2 was not caught at the place of occurrence. His name transpired on the confessional statement of co-accused Akshay Kumar made before the police. No incriminating article has been recovered from possession of the petitioner, who is in custody since 16.7.2020 and has no criminal antecedent. Co-accused Akshay Kumar has been enlarged on bail vide order dated 21.6.2021 passed in Cr. Misc. no. 4504 of 2021. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including grant of bail to co-accused Akshay Kumar, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Buxar (Town) P.S. Case no. 403 of 2020 on furnishing bail bond of Rs. 10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar.

(Partha Sarthy, J) Spd/- U T