Patna High CourtCR. MISC./54894/2023allowed

Santosh Kumar v. The State Of Bihar

2023-08-29Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54894 of 2023 Arising Out of PS. Case No.-26 Year-2020 Thana- KONCH District- Gaya ====================================================== SANTOSH KUMAR SON OF DINESH CHAUHAN RESIDENT OF VILLAGE - SANHATHU, P.S. - HASPURA, DISTRICT - AURANGABAD ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yogesh Kumar For the Opposite Party/s :

Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 394 of the Indian Penal Code.

3. As per prosecution case, some unknown miscreants came with sticks and started assaulting and it is further alleged that they looted Rs. 70,000/- from the informant and fled away.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown persons. The name of the petitioner has come into light, on the basis of confessional statement of co-accused Pankaj Kumar, who has already been

Patna High Court CR. MISC. No.54894 of 2023(2) dt.29-08-2023 2/2 granted bail by a Co-ordinate Bench vide order dated 23.08.2022 passed in Cr. Misc. No. 28264 of 2022. Nothing incriminating/looted articles have been recovered from the conscious possession of the petitioner. No T.I. Parade has been done. He is languishing in judicial custody since 17.03.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Konch P.S. Case No. 26 of 2020.

(Sunil Kumar Panwar, J) arish/- U