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Patna High CourtCR. MISC./58915/2024bail granted

Santosh Kumar Singh @ Rinku Singh @ Rinku Mukhiya v. The State Of Bihar

2024-10-04Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58915 of 2024 Arising Out of PS. Case No.-109 Year-2023 Thana- AZIMABAD District- Bhojpur ====================================================== Santosh Kumar Singh @ Rinku Singh @ Rinku Mukhiya Son Of Ram Ayodhya Singh Village- Bargaon, Ps- Azimabad, Dist- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar, Adv.

For the Opposite Party/s :

Mrs.Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-10-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case in connection with Azimabad P.S. Case No. 109 of 2023 dated 28.12.2023 registered for the offences punishable u/ss 147, 149, 341, 323, 224, 353, 504 and 506 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the co-accused persons along with 10 to 15 unknown persons are alleged to have got the absconded accused persons freed from police custody after abusing and scuffling with the police personnel and also caused hindrance in discharge of the official duty of the police personnel.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.58915 of 2024(2) dt.04-10-2024 2/3 that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. No incriminating article has been recovered from the conscious possession of the petitioner. It is further submitted that the petitioner has no concern with the alleged offence. The co-accused persons have already been granted regular bail by this court vide order dated 08.07.2024 passed in Cr. Misc. No. 47847 of 2024. The petitioner has 8 criminal antecedents in which he is on bail in 5 cases as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned, Bhojpur at Ara in connection with Azimabad P.S. Case No. 109 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure with further condition :- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which

Patna High Court CR. MISC. No.58915 of 2024(2) dt.04-10-2024 3/3 on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T