Santan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57412 of 2023 Arising Out of PS. Case No.-8 Year-2023 Thana- BARARI District- Katihar ====================================================== Santan Singh Son Of Late Chintaman Singh Resident Of Village - Raghunathpur (Dubba Tola), P.S. - Barari (Semapur), Distt. - Katihar ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar Singh For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 467, 468, 413, 414, 34 of the Indian Penal Code.

3. As per FIR, on the basis of confessional statement of co-accused the petitioner was apprehended on the spot and one looted motorcycle was recovered from his straw house.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case merely on the basis confessional statement of coaccused. The petitioner has no concern with the alleged

Patna High Court CR. MISC. No.57412 of 2023(5) dt.02-12-2023 2/2 recovery rather he has been made accused in this case due to high handedness of the police officials and nothing has been recovered from his conscious possession. It is further submitted that Section 100(iv) of the Cr.P.C. has not been followed while preparing the seizure list. The petitioner is languishing in judicial custody since 30.01.2023. This case is triable by Judicial Magistrate.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Barari Semapur P.S. Case No. 08 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II, Katihar. (Sunil Kumar Panwar, J) lata/- U T