Patna High CourtCR. MISC./53963/2024bail granted

Santosh Sah v. The State Of Bihar

2024-08-07Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53963 of 2024 Arising Out of PS. Case No.-5 Year-2024 Thana- TEGHRHA District- Begusarai ====================================================== Santosh Sah Son Of Late Suraj Sah Village- Dalsinghsarai, Ward No. 5, PsDalsinghsarai, Dist- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhijeet Abhigyan, Advocate For the Opposite Party/s :

Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Teghra P.S. Case No. 05 of 2024, instituted for the offences punishable under Sections 25(1-B)(a), 26 and 35 of the Arms Act.

3. The prosecution case, in short, is that, there is recovery of one loaded country made pistol along with two live cartridges from the house of co-accused Randhir Sah. The petitioner was apprehended on spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious

Patna High Court CR. MISC. No.53963 of 2024(2) dt.07-08-2024 2/3 possession of the petitioner. Learned counsel for the petitioner further submitted that there is no recovery of arms have been made from the conscious possession of the petitioner. Only Rs. 48,000/- and a mobile phone was recovered from the possession of the petitioner which belongs to him. The petitioner is in custody since 06.01.2024 and has got six criminal antecedents in which he is on bail in one case. There is no compliance of Section 100 of Cr.P.C.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Teghra P.S. Case No. 05 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date

Patna High Court CR. MISC. No.53963 of 2024(2) dt.07-08-2024 3/3 fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T