Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34475 of 2016 Arising Out of PS.Case No. -15 Year- 2016 Thana -PATEPUR District- VAISHALI(HAJIPUR) ====================================================== Santosh Kumar Son of Jagarnath Sah, Resident of Village:- Simarwara, P.S:- Patepur, District- Vaishali.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Dilip Kumar Roy For the Opposite Party : Mr. Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-09-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Sections 420 and 379 of the Indian Penal Code. The prosecution story, in brief, is that Rs. 2, 96,000/- has been withdrawn through ATM card from the account of the informant by some unknown persons.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 28.03.2016. The charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the First Information Report. His name has come in

Patna High Court Cr.Misc. No.34475 of 2016 (3) dt.30-09-2016 2/2 course of investigation. He has not been put on Test Identification Parade. The petitioner and informant are co-villagers, still the petitioner has not been named in the First Information Report. On behalf of the state, it has been submitted that the petitioner is not named in the First Information Report. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Patepur P.S. Case No. 15 of 2016.

(Sudhir Singh, J.) Amit/- U T