Patna High CourtCR. MISC./71904/2024allowed

Santosh Kumar Singh v. The State Of Bihar

2024-10-05Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71904 of 2024 Arising Out of PS. Case No.-32 Year-2024 Thana- HAYAGHAT District- Darbhanga ====================================================== Santosh Kumar Singh S/o Late Murlidhar Singh R/o Village- Hathauri, P.S.- Hayaghat, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mritunjay Kumar, Advocate For the Opposite Party/s :

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 05-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is praying for regular bail in a case registered for the offence punishable under Sections 504, 506, 427, 435, 34 of the Indian Penal Code and under Section 25 (1b)(A), 35 of the Arms Act.

3. The case of the prosecution is that the petitioner along with other unsocial elements entered in the house of the informant and started abusing her and threatened her with life and also put fire in a hut. While fleeing away from the house a life cartridge fell from the pocket of the petitioner and the same was recovered.

4. Learned counsel for the petitioner submitted that from perusal of the FIR, it is clear that the police received

Patna High Court CR. MISC. No.71904 of 2024(2) dt.05-10-2024 2/2 information regarding the occurrence and lodged the FIR on 28.03.2024, whereas from the perusal of the seizure list it is clear that the seizure list was made on 25.03.2024 which clearly shows that seizure, as well as, the prosecution case is completely manufactured. The petitioner is in custody since 25.07.2024.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, as well as, custody of the petitioner, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Hayaghat P.S. Case No.32 of 2024 on furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM-VIII, District-Darbhanga.

7. Accordingly, the present bail application stands allowed.

(Ashok Kumar Pandey, J) durgesh/- U T