Santu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No 55419 of 2022 Arising Out of PS. Case No.-66 Year-2022 Thana- PANDARAK District- Patna ====================================================== 1.
SANTU KUMAR SON OF DINESH MANJHI RESIDENT OF VILLAGEKAOILARA HASANPUR, POLICE STATION - HARNAUT, DISTRICTNALANDA 2.
RANTU KUMAR SON OF RAMCHANDRA MANJHI RESIDENT OF VILLAGE- KAOILARA HASANPUR, POLICE STATION - HARNAUT, DISTRICT- NALANDA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr Manish Kumar No 2, Advocate For the Opposite Party/s :
Mr Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 16-12-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor (for brevity, APP) appearing for the State of Bihar through Virtual Mode.
The petitioners seek bail in Pandarak Police Station (for brevity, PS) Case No 66 of 2022 registered for the offence punishable under Section 414 of Indian Penal Code. Having no antecedents, it is submitted by the petitioners' counsel that petitioners are in custody since 27.05.2022. The prosecution is alleging that they have been stopped during a routine checking when they have failed to produce documents in respect of the TVS Apache motorcycle in
Patna High Court CR. MISC. No.55419 of 2022(2) dt.16-12-2022 2/3 which they were moving and that the same was without any registration, engine or chassis number.
Learned counsel for the petitioners submits that it is out and out a false case. The seizure is not in accordance with law and the petitioners have no concern with any motorcycle. Learned APP has opposed the prayer for bail.
Considering the rival submissions, this Court, for the purposes of grant of bail, is, thus, inclined to accept the submissions advanced by the petitioners' counsel. Prayer for bail is allowed. Let the petitioners, above named, be released on bail on each of them furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate I, Barh, Patna in Pandarak PS Case No 66 of 2022 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the petitioners.
(ii) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their
Patna High Court CR. MISC. No.55419 of 2022(2) dt.16-12-2022 3/3 bail bond will be liable to be cancelled.
(Madhuresh Prasad, J) M.E.H./- U T