Patna High CourtCR. MISC./33366/2018bail granted

Santosh Kumar Singh @ Santosh Singh v. The State Of Bihar

2018-07-06Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33366 of 2018 Arising Out of PS.Case No. -200 Year- 2017 Thana -CHAKIA District- EASTCHAMPARAN(MOTIHARI) ===================================== Santosh Kumar Singh @ Santosh Singh S/o Late Rup Narayan Singh @ Rup Lal Singh, R/o Vill.- Patti Jasauli, P.S.- Kotwa, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Singh For the Opposite Party/s : Mr. Smt. Sucheta Yadav ===================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 06-07-2018 The petitioner seeks bail in connection with Chakia P.S. Case No. 200 of 2017 dated 20.07.2017 instituted for the offences under Sections 414, 120(B) of the Indian Penal Code and Section 25(1-B) a, 26 of the Arms Act. The petitioner was arrested by the concerned police officer and from his possession, an automatic pistol with three live cartridges were recovered. The motorcycle appears to have been given to the petitioner by a person who is languishing in jail.

The petitioner has about nine cases to his credit. The learned counsel for the petitioner has submitted that but for one case which has been registered under Section 302 of the Indian Penal Code, the petitioner has been

Patna High Court Cr.Misc. No.33366 of 2018 (2) dt.06-07-2018 2/2 granted bail in all the cases. In one of the cases, the petitioner has been acquitted. The only case in which the petitioner is in jail is the case viz. Pipra P.S. Case No. 10 of 2017 which has been registered under Sections 302, 120(B) of the Indian Penal Code, as has been indicated earlier. The learned counsel for the petitioner has further submitted that because of the petitioner's bad track record, the police has deliberately made him accused in the present case. The recovery shown is only a paper work whereas in fact, nothing was recovered from his possession. The petitioner is in custody since 20.07.2017. Regard being had to the nature of accusation in the present case and the period of custody, the petitioner above named, is directed to be released on bail on his furnishing bail bonds of Rs. 10,000/-(ten thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-13, Motihari, East Champaran in connection with Chakia P.S. Case No. 200 of 2017.

(Ashutosh Kumar, J) Shageer/- U T