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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65733 of 2023 Arising Out of PS. Case No.-120 Year-2023 Thana- VIJAYEPUR District- Gopalganj ====================================================== Santosh Kumar @ Santosh Yadav @ Santosh Kumar Yadav Son Of Uma Yadav Resident Of Villge Ramnagar, P.S - Bhorey, District Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Pandey No.5 For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 413, 414, 420, 467, 468, 34 of the Indian Penal Code.

3. As per prosecution case, there has been recovery of one stolen motorcycle from the possession of the co-accused Jyotish Yadav.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner was not apprehended on spot. The name of the petitioner has come into light, on the basis of confessional statement of other co-accused persons, which has got no evidentiary value in the eyes of law. It is evident from the

Patna High Court CR. MISC. No.65733 of 2023(2) dt.17-10-2023 2/2 FIR that the stolen motorcycle has been recovered from other co-accused person not from this petitioner. Nothing incriminating/looted articles have been recovered from the conscious possession of the petitioner. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 19.05.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to 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 Court concerned in connection with Vijayepur P.S. Case No. 120 of 2023.

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