Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3602 of 2024 Arising Out of PS. Case No.-510 Year-2023 Thana- NAGAR District- Vaishali ====================================================== Santosh Kumar S/O Sanjay Sahni R/OVillage- Masari tola @ Bhasani Tol P.S.-Malsalami ,Dist -Patna ... ... Petitioner/s

Versus

The State Of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajeev Kumar, Advocate For the State :

Ms. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Hajipur Town P.S. Case No. 510 of 2023 instituted for the offence under Sections 413, 414/34 of the Indian Penal Code. 3.

It is alleged that petitioner was apprehended along with co-accused 'Rahul Kumar' by the police with stolen motorcycle.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 07-07-2023. Petitioner bears one criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's

Patna High Court CR. MISC. No.3602 of 2024(2) dt.30-01-2024 2/2 counsel that petitioner has been falsely implicated in the present case. There is no recovery of theft articles from the conscious possession of the petitioner. Name of the petitioner has been surfaced in this case due to confessional statement of coaccused, namely, Rahul Kumar, who has been granted bail by Co-ordinate Bench of this Court vide order dated 08-01-2024 passed in Cr. Misc. No. 83869 of 2023.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail, after framing of charges, if not already framed, 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 Hajipur Town P.S. Case No. 510 of 2023.

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