Santbali @ Santa Paswan @ Santa Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72079 of 2024 Arising Out of PS. Case No.-295 Year-2023 Thana- MANSI District- Khagaria ====================================================== Santbali @ Santa Paswan @ Santa Kumar Son of Mantun Paswan VillageEast Hardash Chak, P.S-Muffasil, Khagaria, Dist.-Khagaria, Bihar, India ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Seema Kumari, Advocate For the Opposite Party/s :
Mr. Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-10-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in Mansi P.S. Case No. 295 of 2023, G.R. No. 3311 of 2023 instituted for the offences punishable under Section 394 of the Indian Penal Code.
3. The prosecution case, in short, is that, some unknown persons snatched the motorcycle and mobile of the informant and fled away.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case on the basis of secret information. No incriminating material has been recovered from
Patna High Court CR. MISC. No.72079 of 2024(2) dt.04-10-2024 2/3 the conscious possession of the petitioner. No T.I.P has been conducted in this case. There is no recovery of stolen articles from the possession of the petitioner. The petitioner is in custody since 19.12.2023 and has got eight criminal antecedents. Learned counsel for the petitioner further submits that co-accused persons has been granted bail by this Court vide order dated 12.07.2024 passed in Cr. Misc. No. 47391 of 2024.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, taking into account the period of custody undergone by the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Mansi P.S. Case No. 295 of 2023, G.R. No. 3311 of 2023, subject to the following conditions:
(I) One of the bailors shall be own/close member of the family of the petitioner.
(II) The petitioner shall appear on each and every date
Patna High Court CR. MISC. No.72079 of 2024(2) dt.04-10-2024 3/3 fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(III) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Rudra Prakash Mishra, J) Alok Verma/- U T