Santosh Kumar @ Santosh Paswan v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15835 of 2018 Arising Out of PS. Case No.-407 Year-2017 Thana- DHANARUA District- Patna ====================================================== Santosh Kumar @ Santosh Paswan, S/o Sarvan Paswan, Resident of VillageAshoee, P.S.- Bhagwanpur, District- Vaishali. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. The Branch Manager, Devaria Branch, Allahabad Bank, Masaurhi. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kr. Choudhary, Advocate Mr. Tripurari Nath Ambastha, Advocate For the State :

Mr.Bharat Lal, APP For the Bank :

Mr. Rajan Ghoshrave, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 11-05-2018 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner, already in custody, seeks bail in connection with Dhanarua PS Case No.407 of 2017, registered under Sections 395/397 of the Indian Penal Code as well as under Section 27 of the Arms Act.

Allegation in brief is that a cash van of the bank while going to deposit money was intercepted on the way by unknown miscreants and looted cash after shooting the guard. Learned counsel for the petitioner submits that except confessional statement of the petitioner, no other material is available during investigation showing his complicity in the

Patna High Court Cr.Misc. No.15835 of 2018(3) dt.11-05-2018 2/2 occurrence, neither any looted money was recovered from possession of the petitioner nor he was put on TIP and the petitioner is in custody in this case since 22.10.2017. Having considered the aforesaid facts and circumstances, petitioner Santosh Kumar @ Santosh Paswan is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Masaurhi in connection with Dhanarua PS Case No.407 of 2017 with following conditions:

(1) One of the bailors must be the close family member of the petitioner.

(2) The petitioner shall remain physically present on each and every date before the trial court as and when required and if he absents himself on two consecutive dates without any reasonable cause, his bail bond shall liable to be cancelled. (Arun Kumar, J) S.KUMAR/- U T