Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60554 of 2021 Arising Out of PS. Case No.-138 Year-2018 Thana- MAHUA District- Vaishali ====================================================== SANTOSH KUMAR Son of Rampukar Singh Resident of Village - Rasulpur Osti (Hasanpur, Austi), P.S.- Mahuwa, Distt.- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashutosh Kumar For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Mahua P.S. Case no. 138 of 2018 instituted for the offence under Sections 399,402 , 414, 34 of the Indian Penal Code. And 25 (1-B)A, 26, 35 Of The Arms Act As per allegation in the FIR, some antisocial elements were gathered to hatch a conspiracy for committing dacoity. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Nothing has been recovered from possession of the petitioner. Arms and looted motorcycle were recovered from coaccused Ankit Kumar, who has disclosed the name of the

Patna High Court CR. MISC. No.60554 of 2021(3) dt.11-07-2022 2/2 present petitioner as his associates, which has got no evidentiary value in the eye of law.

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

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Mahua P.S. Case no. 138 of 2018 he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate,Vaishali subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U