Santosh Kumar @ Santosh Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23691 of 2018 Arising Out of PS.Case No. -723 Year- 2017 Thana -DANAPUR District- PATNA ======================================================
1. Santosh Kumar @ Santosh Paswan, aged about 31 years, Son of Sarvan Paswan, resident of Village- Ashoee, P.S.- Bhagwanpur, District- Vaishali. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr .Ashok Kumar Choudhary, Adv. Mr. Tripurari Nath Amastha, Adv.
Mr. Akshansh Ankit, Adv.
For the Opposite Party/s : Mr. Anand Mohan Prasad Mehta, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 30-04-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offences punishable under Sections 399, 402 of the Indian Penal Code and 26(1-b) a/26/35 of the Arms Act.
Four persons including the petitioner were apprehended on a four wheeler by the police. From the vehicle firearm and cartridges were recovered.
Submission is that nothing was recovered from physical possession of the petitioner, though the petitioner has got criminal antecedent. He is in custody since 24.10.2017. Investigation of the case is already complete. The fact is that the petitioner was driver of an ambulance running from near the
Patna High Court Cr.Misc. No.23691 of 2018 (3) dt.30-04-2018 2/2 I.G.I.M.S, Patna. To that effect supplementary affidavit has been filed.
Considering the nature of allegation and completion of investigation, let the petitioner, above named, be released 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 Court below where the case is pending in connection with Danapur Police Station Case No. 723 of 2017, subject to the condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner as well as condition that both the bailors shall be resident of within the territorial jurisdiction of the court below. (Birendra Kumar, J) Kundan/Sneha U T