Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67078 of 2021 Arising Out of PS. Case No.-510 Year-2021 Thana- GARKHA District- Saran ====================================================== SANTOSH KUMAR Son of Jugeshwar Mahto Resident of village - Repura, P.S.- Bheldi, District - Saran (Chapra).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Tiwary, Advocate For the Opposite Party/s :

Mr. Nitya Nand Tiwary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-04-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks bail in a case registered for the offences punishable under Sections 413 and 414 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is in custody since 30.08.2021, is a person with clean antecedent and charge-sheet has been submitted. The informant alleges that co-accused Abhishek Kumar was arrested with a stolen motorcycle who disclosed the name of this petitioner along with other accused persons and said that they are members of the gang who involved in sale and purchase of the stolen motorcycle.

Patna High Court CR. MISC. No.67078 of 2021(2) dt.13-04-2022 2/2 Learned counsel for the petitioner submits that from bare perusal of the allegation as alleged in the FIR, it would manifest that name of this petitioner transpired in the confessional statement of co-accused that petitioner is also a member of the gang and, based on the confessional statement of co-accused, petitioner came to be arrested when no incriminating article was recovered from his possession. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 30.08.2021, is a person with clean antecedent, chargesheet has been submitted and name of the petitioner transpired in the confessional statement of co-accused, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Garkha P.S. Case No. 510 of 2021.

(Satyavrat Verma, J) Kundan/- U T