Santosh Kumar @ Santosh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49503 of 2023 Arising Out of PS. Case No.-504 Year-2022 Thana- GRIYAK District- Nalanda ====================================================== SANTOSH KUMAR @ SANTOSH YADAV S/O Rajendra Yadav R/O Village- Rajpur, P.S- Giriyak, Distt.- Nalanda at Biharsharif. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheo Kumar Prasad For the Opposite Party/s :

Mr. Zainul Abedin :

Mr. Vijay Shankar Shrivastav ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-08-2023 Heard learned counsel for the petitioner and learned APP for the State along with learned counsel for the informant.

2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 365, 419, 420, 467, 468, 471 and 120(B)/34 of the Indian Penal Code pending in the learned court below.

3. As per the prosecution case, petitioner along with other co-accused persons is said to have kidnapped the mother of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is no specific overt act against the petitioner. He further submits that petitioner is a bona fide purchaser of the said land and for this the middle man Ansu Ranjan, Rahul Singh take the cash and some money in their bank account from the petitioner. He submits that petitioner has

Patna High Court CR. MISC. No.49503 of 2023(2) dt.25-08-2023 2/2 never met with the mother of the informant. He further submits that similarly situated other co-accused person has already been granted anticipatory bail by a Coordinate Bench of this Court vide order dated 01.08.2023 passed in Cr. Misc. No. 1789/2023. He submits that petitioner has got three criminal antecedents as stated in para-3 of the bail application.

5. Learned APP for the State along with learned counsel for the informant opposes for prayer for bail.

6. Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Giriyak (Katrisarai) P.S. Case No.504 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) ajay/- U T