Santosh Kumar @ Degan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65364 of 2022 Arising Out of PS. Case No.-306 Year-2018 Thana- BARACHATTI District- Gaya ====================================================== Santosh Kumar @ Degan Son Of Raj Kumar Paswan R/O Village- Kahudag, P.S.- Barachatty, P.O.- Barachatty In The District Of Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Braj Nandan Kumar Tiwary For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-02-2023 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 Barachatty P.S. Case No. 306 of 2018 registered under section 392 of the Indian Penal Code.

Prosecution case relates to loot of one motorcycle bearing Registration No. JH02AE7729 from the informant when he was going to Chauparan. It is further alleged that miscreants also assaulted him and fled away from there.

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

Patna High Court CR. MISC. No.65364 of 2022(2) dt.25-02-2023 2/2 of his confessional statement before the police, as he was was already arrested in Barachatty P.S. Case No. 304 of 2018 and on that basis he has been dragged in this case also. Neither any looted article has been recovered from his possession nor he has been put on T.I.P. He has no concern with the alleged occurrence. He is languishing in judicial custody since 07.08.2022.

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 Barachatty P.S. Case No. 306 of 2018 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 A.C.J.M. 1st Sherghatty, Gaya.

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