Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74795 of 2024 Arising Out of PS. Case No.-154 Year-2024 Thana- HARNAUT District- Nalanda ====================================================== Santosh Kumar S/O Vasant Chaudhary R/O Vill-Saksohara, P.S-Saksohara, Dist-Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tej Narayan Singh, Advocate For the Opposite Party/s :

Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in Harnaut P.S. Case No. 154 of 2024, instituted for the offences punishable under Sections 399, 402, 323, 332, 333, 353, 307, 504 of the Indian Penal Code and Sections 25(1-B)(a), 26, 27 and 35 of the Arms Act.

3.

The prosecution case, in short, is that, two live cartridges have been recovered from the possession of the petitioner.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No

Patna High Court CR. MISC. No.74795 of 2024(2) dt.25-10-2024 2/2 incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner further submits that the petitioner has got no concern with the alleged recovery of arms. The petitioner is in custody since 02-04-2024 and has got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C. Other co-accused has been granted bail by this Court vide order dated 05-10-2024, passed in Cr. Misc. No. 71129 of 2024.

5.

Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Harnaut P.S. Case No. 154 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T