Patna High CourtCR. MISC./78844/2023bail granted

Santosh Kumar v. The State Of Bihar

2024-01-22Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78844 of 2023 Arising Out of PS. Case No.-500 Year-2023 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Santosh Kumar Son Of Late Mahendra Singh Resident Of Village - Pachapan Tola, P.S. - Muffasil (LAKHO Op), District - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Braj Bhushan Poddar For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-01-2024 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in connection with Begusarai Muffasil P.S. Case No. 500 of 2023 dated 25.08.2023 registered for the offences punishable under Sections 25(1-B)a,(1a),(1b), 26 and 35 of the Indian Penal Code.

4. As per the prosecution case, police arrested 6 persons from the house of the co-accused, Parmanand Choudhary, who were manufacturing illegal arms and seized

Patna High Court CR. MISC. No.78844 of 2023(2) dt.22-01-2024 2/3 semi manufactured arms, articles, machine and two motorcycles. Thereafter, police raided the house of Nandini Kumari and arrested Raj Kumar Chaudhary at the first floor and recovered 21 golden ornaments, mobile phone, Aadhar card etc. Further, the arrested person, Raj Kumar disclosed that he took room through the petitioner and was paying the room rent through the petitioner.

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The petitioner is accused in three other criminal cases as stated in para 3 of the bail petition. Nothing has been recovered from the possession of the petitioner. The name of the petitioner has sprung up in the confessional statement of co-accused Raj Kumar.

6. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

7. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned,

Patna High Court CR. MISC. No.78844 of 2023(2) dt.22-01-2024 3/3 Begusarai in connection with Begusarai Muffasil P.S. Case No. 500 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

8. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T