Santosh Kumar @ Santosh Kumar Soni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54634 of 2023 Arising Out of PS. Case No.-390 Year-2022 Thana- RAJIVNAGAR District- Patna ====================================================== Santosh Kumar @ Santosh Kumar Soni S/O Late Murari Prasad @ Late Murari Lal Prasad R/O Mohalla- Shahganj, Dist. Aurangabad At Present Resident Of H/O Suresh Rai, Mohalla- Khankah, Ishapur, Phulwari Sharif, Behind Phulwari Sharif Police Station, Ps. Phulwari Sharif, Dist. Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandan Kumar Verma For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 356, 379 of the Indian Penal Code. As per allegation in the FIR, on 24.07.2022, the informant along with his wife was returning to his rental house after marketing from Ram Nagari More, two accused persons came on a motorcycle and snatched the golden chain from his wife's neck and fled away.

It is submitted by learned counsel for the petitioner that petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to ill motive of the

Patna High Court CR. MISC. No.54634 of 2023(3) dt.20-09-2023 2/2 police officials. Neither the petitioner is named in the FIR nor put on TIP. Nothing has been recovered from his conscious possession. He has been made accused in this case on the basis of confessional statement of co-accused in Rajeev Nagar P.S. case No. 459 of 2022. Petitioner is languishing in judicial custody since 20.02.2023.

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

Having heard learned counsel for the parties and taking into consideration 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 in connection with Rajeev Nagar P.S. Case No.390 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-II, Patna. (Sunil Kumar Panwar, J) lata/- U T