Santu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5295 of 2021 Arising Out of PS. Case No.-74 Year-2020 Thana- HILSA District- Nalanda ====================================================== SANTU KUMAR Son of Yogendra Thakur @ Yogendra Prasad Resident of Village-Teka Bigha, P.S.-Chandi, District-Nalanda. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Sunil Prasad For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 14-12-2021 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month. Heard learned counsel for the petitioner as well as the learned APP for the State assisted by learned counsel for the informant.

The petitioner apprehends his arrest in connection with Hilsa P.S. Case No. 74 of 2020 registered for the offences punishable under Sections 394 of the Indian Penal Code.

As per FIR, when the informant was coming by his motorcycle, some miscreants snatched his bag containing some papers and Rs. 1,40,000/- cash.

Learned counsel for the petitioner has submitted that the the petitioner has not named in the FIR and his name has been figured only in confessional statement of the co-accused Tinku

Patna High Court CR. MISC. No.5295 of 2021(2) dt.14-12-2021 2/2 Kumar and Dharmpal Kumar. Dharmpal Kumar has been granted regular bail by the court below. He has also submitted that the petitioner is a person of clean antecedent.

The learned APP assisted by learned counsel for the informant has opposed the prayer for bail.

Considering the fact and circumstances, let the petitioner be released on bail in the event of their arrest or surrender within four weeks before the learned court below on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate/Successor Court, Hilsa (Nalanda) in connection with Hilsa P.S. Case No. 74 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C.

And further condition that the learned lower court shall call for the criminal antecedent of the petitioner and if it is found that the averments in Paragraph-3 of the bail petition relating to his clean antecedent is found false the lower court shall cancel his bail bond. Office shall ensure that all defects are removed by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey , J) SONALI/- U T