Santosh @ Barka Makhana @ Santosh Kumar @ Barka Makkhana v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57956 of 2019 Arising Out of PS. Case No.-521 Year-2019 Thana- DANAPUR District- Patna ====================================================== Santosh @ Barka Makhana @ Santosh Kumar @ Barka Makkhana Son of Late Lal Babu Rai Resident of Village - Pethiya Bazar, P.S.- Danapur, Dist.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ghanshyam Tiwary For the State :

Mr.C. Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 341, 323, 307, 384/34 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case in short is that while the informant was in the market for the purchase of purchasing articles, the accused persons including the petitioner caught hold him and extortion money was demanded. It is also alleged that Rs. 12,000/- was snatched away from the informant. Firing was also made.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the

Patna High Court CR. MISC. No.57956 of 2019(2) dt.13-09-2019 2/2 petitioner. The petitioner is in custody since 30-06-2019. Charge sheet has already been submitted. There is no allegation of assault alleged against the petitioner. In course of the occurrence, the co-accused is said to have fired, which did not hit any one. The petitioner has been made accused in the present case due to mistake of fact.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-Ist, Danapur, in connection with Danapur P.S. Case No. 521 of 2019.

(Sudhir Singh, J) A.K.V.//- U T