Patna High CourtCR. MISC./78904/2024bail granted

Santosh Kumar v. The State Of Bihar

2024-11-11Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78904 of 2024 Arising Out of PS. Case No.-59 Year-2024 Thana- BELA INDUSTRIAL DistrictMuzaffarpur ====================================================== Santosh Kumar S/o Late Umashankar Sah R/o vill - Bangri, P.S. - Panapur (Kanti), Distt.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ratneshwar Prasad, Advocate For the Opposite Party/s :

Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-11-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Bela P.S. Case No. 59 of 2024 instituted for the offences under Sections 317(4), 317(5) of the Bharatiya Nyaya Sanhita, 2023.

3. Prosecution case, in short, is that, police raided the place of occurrence on the basis of secret information that accused persons were selling the stolen motorcycles and apprehended the accused persons including this petitioner. On search, one motorcycle and one mobile phone were recovered from the petitioner.

Patna High Court CR. MISC. No.78904 of 2024(2) dt.11-11-2024 2/2

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner has got no concern with the recovered motorcycle. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 10.08.2024 and has one criminal antecedent.

5. Learned A.P.P. 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 as also 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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bela P.S. Case No. 59 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T