Santosh Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.24689 of 2018 (2) dt.27-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24689 of 2018 Arising Out of PS.Case No. -309 Year- 2017 Thana -CIVIL LINE District- GAYA ====================================================== Santosh Kumar son of Sri Dinesh Thakur resident of village - Pai Bigha Bazar, P.S. - Main, District - Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Prithivi Raj Singh, Adv For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 27-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 19.09.2017 in connection with Civil Lines P.S. Case No. 309 of 2017 for the alleged offences under Section 395 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated and the FIR is against six unknown persons. The petitioner has not been put on T.I. parade for his identification. Similarly situated co-accused Binay Kumar @ Habbu Sao and Gurucharan Chauhan @ Lambu have been granted bail by this Court in Cr. Misc. No. 59724 of 2017 and Cr. Misc. No. 3754 of 2018, respectively. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional District and Sessions Judge-VIII, Gaya, in connection with Civil Lines P.S. Case No. 309/2017 on the following

Patna High Court Cr.Misc. No.24689 of 2018 (2) dt.27-04-2018 conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(iv) The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/BT U T