Santosh Kumar Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63870 of 2022 Arising Out of PS. Case No.-236 Year-2022 Thana- BARUN District- Aurangabad ====================================================== Santosh Kumar Pandit Son Of Tulsi Pandit @ Tulsi Prajapti R/O VillageDudhpaniya, P.S.- Barhi, District- Hazaribagh (JHARKHAND) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Prakash Parasar For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Barun P.S. Case No. 236 of 2022 registered under Section 392 of the Indian Penal Code. Allegation against the co-accused persons including this petitioner is that they came on a Maruti Suzuki car and took away the informant's Trailer loaded with steel worth of Rs. 22,00, 314/-.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named in F.I.R. rather his name came into light in this case on the basis of confessional statement of other co-accused person before the

Patna High Court CR. MISC. No.63870 of 2022(2) dt.21-02-2023 2/2 police. Nothing has been recovered from the conscious possession of the petitioner and also he has not been put on T.I.P. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Similarly situated several co-accused persons have already been granted bail by different co-ordinate Benches of this Court vide order dated 04.02.2023. in Cr. Misc. No. 45607 of 2022 and order dated 04.02.2023 in Cr. Misc. No. 45890 of 2022. The petitioner is languishing in judicial custody since 12.06.2022. The application for bail is vehemently opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Barun P.S. Case No. 236 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 the learned Chief Judicial Magistrate, Aurangabad.

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