Santosh Kumar @ Badak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58034 of 2022 Arising Out of PS. Case No.-101 Year-2022 Thana- DHANSOI District- Buxar ====================================================== 1.

Santosh Kumar @ Badak Son of Mahendra Singh Resident of Village - Lalachak, Police Station - Dhansoi, District - Buxar. 2.

Bipin Kumar Son of Sanjay Singh Resident of Village - Lalachak, Police Station - Dhansoi, District - Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rang Nath Choubey, Advocate For the Opposite Party/s :

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 30-11-2022 Heard learned counsel appearing on behalf of the petitioners and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

Defect No. 1, as pointed out by the office is ignored. The petitioners seek bail in connection with Dhansoi P.S. Case No. 101 of 2022 registered for the offence under Sections 392, 395 and 412 of the I.P.C.

The accused/petitioners are not named in the F.I.R. and are in custody since 15.07.2022.

The allegation against the petitioners is to commit dacoity alongwith other co-accused persons and while committing so taken away cash of Rs. 1,21,180/- along with mobiles of informant. Learned counsel appearing on behalf of the petitioners submitted that the name of petitioner surfaced on the basis of

Patna High Court CR. MISC. No.58034 of 2022(2) dt.30-11-2022 2/2 confessional statement of co-accused, namely, Vikash Kumar and Ravi Ranjan and in furtherance of which nothing surfaced/recovered to connect, prima facie, these petitioners with present set of dacoity. It is further submitted that petitioners were not put on TIP as yet. While concluding the argument, it has been submitted that investigation of this case has been completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as no incriminating material was recovered/surfaced from petitioners to connect with present occurrence coupled with the fact that charge-sheet has been submitted, let both the petitioners, above named, are directed to be released on bail in connection with Dhansoi P.S. Case No. 101 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 learned Chief Judicial Magistrate, Buxar/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) Archana/- U T