Prem Raj @ Santi @ Santhi Kumar @ Santhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69777 of 2024 Arising Out of PS. Case No.-19 Year-2024 Thana- SAUR BAZAR District- Saharsa ====================================================== Prem Raj @ Santi @ Santhi Kumar @ Santhi, aged about 25 years (M), Son of Laxman Yadav, R/o- Village- Madhura, Ward No. 04, P.S.- Sourbazar, District- Saharsa.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Pawan Kumar, Advocate For the Opposite Party :
Mr. Awadhesh Kumar Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Sour Bazar P.S. Case No. 19 of 2024 dated 06.01.2024 registered for the offences punishable under Sections 395 and 397 of the I.P.C.
3. As per the prosecution case, the co-accused Shankar Kumar, Santhi Kumar, Deepak Kumar and three unknown miscreants are alleged to have committed loot of Rs. 53,850/- which was collected from different customers of group loan, motorcycle and a Mobile phone etc. from the informant.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the petitioner is not named in the
Patna High Court CR. MISC. No.69777 of 2024(2) dt.21-09-2024 2/3 F.I.R. His name has surfaced in the present case on the basis of disclosure made by Dhirendra Kumar. Nothing incriminating article has been recovered from the possesion of the petitioner and he has no concern with the co-accused persons. He has no concern with the alleged offence. It is submitted that the other co-accused person, namely, Dipak Kumar, has already been granted bail by a Bench of this Court vide Cr. Misc. No. 60793 of 2024 under order dated 04.09.2024, annexed as AnnexureP/2 to the present bail application. The petitioner has three criminal antecedents in which he is on bail as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 07.02.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-II, Saharsa in connection with Sour Bazar P.S. Case No. 19 of 2024 with further condition:- (I) The petitioner is directed to remain
Patna High Court CR. MISC. No.69777 of 2024(2) dt.21-09-2024 3/3 physically present before the learned court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) U.K./- U T