Santosh Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.12426 of 2018 (3) dt.05-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12426 of 2018 Arising Out of PS.Case No. -443 Year- 2017 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ====================================================== Santosh Kumar, Son of Shyam Singh @ Shyam Mahto, Resident of Village- Bagbara, Police Station Muffasil, District- Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner : Mr. Karandeep Kumar, Advocate For the Opposite Party : Smt. Pronati Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 05-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is an accused in a case registered for offence under sections 302, 201 and 34 IPC.

Learned counsel for the petitioner submits that the FIR discloses participation of 10 named accused persons who had taken away the son of the informant, whereafter he has been done to death. Petitioner's name has surfaced in course of investigation as being seen along with one of the ten named accused, namely, Sonu Kumar subsequently. Petitioner has no criminal antecedent and is in custody since 17.11.2017. Petitioner has been implicated in the case on the basis of suspicion and there is no evidence against him in the FIR. Other accused person Gopal Kumar who was not named in the FIR has been granted bail vide order dated

Patna High Court Cr.Misc. No.12426 of 2018 (3) dt.05-04-2018 1.2.2018, passed in Cr Misc No. 5263 of 2018. In the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate 1st class, Begusasrai in Begusarai Mufassil Police Station Case No. 443 of 2017, subject to the conditions :

(i) That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner.

(ii) That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Shashi.

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