Santosh Kumar Yadav @ Santosh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10519 of 2017 Arising Out of PS.Case No. -120 Year- 2016 Thana -DARBHANGA SADAR DistrictDARBHANGA ====================================================== Santosh Kumar Yadav @ Santosh Yadav, son of Late Garib Nath Yadav, resident of Village Gausha Ghat, P.S. Sadar, District Darbhanga .... .... 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 : Smt. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 13-04-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 16.10.2016 in connection with Dharbhanga Sadar P.S. Case No. 120/2016 registered for the offence punishable under Sections 420, 467, 468, 471, 474, 484, 170, 120-B of the Indian Penal Code.

The prosecution case, as lodged by the police personnel, is that on secret information house of one Banbari Yadav was searched and eight Bangladeshies were found residing there, who had some fake identification and forged passport. It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has falsely been implicated in the aforesaid case. It is submitted that

Patna High Court Cr.Misc. No.10519 of 2017 (3) dt.13-04-2017 2/2 nothing has been recovered from his conscious possession and the owner of the house, in whose premises the eight Bangladeshies were residing, has since been granted the privilege of bail by a Coordinate Bench of this Court in Cr. Misc. No. 21376 of 2016 on 19.05.2016. It is further submitted that charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence.

However, learned A.P.P. for the State submits that the petitioner is named in the First Information Report, hence, opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga, in connection with Darbhanga Sadar P.S. Case No. 120/2016, subject to the condition that the petitioner will appear before the learned court below on each and every date and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.

(Nilu Agrawal, J) Rajesh/- U T