Patna High CourtCR. MISC./71946/2024bail granted

Santosh Sah v. The State Of Bihar

2025-01-18Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71946 of 2024 Arising Out of PS. Case No.-188 Year-2024 Thana- PAKRIDAYAL District- East Champaran ====================================================== Santosh Sah, S/o- Lal Babu Sah, Resident of Village-Sishani, PS- Pakridayal District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Yerra Madhavi, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 18-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Pakridayal P.S. Case No. 188 of 2024, registered for the alleged offences under Sections 305, 331(4) of B.N.S., 2023.

3. As per prosecution case, at about 1.30 AM, unknown thieves took away gold worth Rs.4,20,000/-, silver worth Rs.1,40,000/- and cash of Rs.1,80,000/- from the shop of the informant after cutting its shutter. The name of the petitioner transpired during investigation for being involved in the theft.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.71946 of 2024(5) dt.18-01-2025 2/3 case. No gold or silver item has been recovered from the person or possession of the petitioner and he is in custody since 01.08.2024. Learned counsel further submits that the petitioner is having criminal antecedent of one case in which he is on bail and charge sheet has been submitted.

5. Learned APP opposes the submission made on behalf of the petitioner. Learned APP submits that the recovery of stolen articles have been made from the house of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner and submission of charge sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-8, East Champaran, Motihari/concerned Court in connection with Pakridayal P.S. Case No. 188 of 2024, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions :

(i) One of the bailors will be a close relative of the petitioner.

Patna High Court CR. MISC. No.71946 of 2024(5) dt.18-01-2025 3/3 (ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bonds of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) DKS/- U T