Santosh Kumar@ Sahitya Raj @ Sabitya Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61953 of 2023 Arising Out of PS. Case No.-242 Year-2023 Thana- DALSINGHSARAI District- Samastipur ====================================================== Santosh Kumar@ Sahitya Raj @ Sabitya Ray Son Of Krishna Nand Singh Resident Of Village- Pagra, Ward No. 9, Ps -DALSINGHSARAI DistSamastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashi Bhushan Kumar For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-09-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 457, 380, and 411 of the Indian Penal Code.

3. As per prosecution case, the allegation against FIR named accused persons is that they looted several golden ornament worth Rs. 6.5 lakh from the house of the informant. It is further alleged that one co-accused was apprehended on the spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of

Patna High Court CR. MISC. No.61953 of 2023(2) dt.18-09-2023 2/2 confessional statement of co-accused. The petitioner has no concern with the alleged recovery and nothing looted article has been recovered from his conscious possession rather one matarmala and one watch of Titan company was recovered from co-accused, namely Raja Kumar. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 09.06.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Dalsinghsarai P.S. Case No. 242 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court.

(Sunil Kumar Panwar, J) Manishkr/- U T