Patna High CourtCR. MISC./47937/2016allowed

Santosh Kumar @ Sotos Kumar v. The State Of Bihar

2016-12-22Mr. Justice Aditya Kumar Trivedi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47937 of 2016 Arising Out of PS.Case No. -183 Year- 2016 Thana -KHAJEKALLAN District- PATNA ====================================================== Santosh Kumar @ Sotos Kumar son of Sri Ajay Prasad Yadav @ Ajay Kumar of Village-Alampur Kachi Dargah, PS-Didarganj, Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhay Kumar, Advocate For the Opposite Party/s : Mr. Shailendra Kumar -2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 22-12-2016 Heard learned counsel for the petitioner as well as learned APP for the State.

On getting confidential information, house of Ranjan Yadav son of Ram Ekbal was raided wherefrom two persons were apprehended while attempting to flee who were Ranjan as well as Satya Prakash from whose possession as is evident, loaded fire arms, cartridges, mobile sets etc were recovered. Furthermore, it has also been alleged that after going inside the house two persons were found consuming alcohol who were also apprehended who disclosed their identity as Bihari Yadav and Santosh Kumar. Furthermore, one person managed to escape regarding whose identity the apprehended accused disclosed to be Sugriv @ Mausi. So far as, recovery from the possession of petitioner is concerned, one .315 bore live cartridge and mobil set are said to

Patna High Court Cr.Misc. No.47937 of 2016 (3) dt.22-12-2016 have been recovered. In the presence of police, sitting idle while consuming wine appears to be improbable which is found supported with the so alleged recovery of one live cartridge of .315 bore and for that petitioner happens to be under custody since 30.07.2016 having one criminal antecedent that too relating to offence under Section 379 IPC In the aforesaid facts and circumstances of the case, petitioner, Santosh Kumar @ Sotos Kumar is directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of SDJM, Patna City, Distt-Patna in connection with Khajekala PS Case No. 183/2016.

(Aditya Kumar Trivedi, J) perwez U T