Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48728 of 2018 Arising Out of PS.Case No. -664 Year- 2017 Thana -BIHTA District- PATNA ====================================================== Santosh Kumar Son of Ram Pukar Ray Resident of Village- Rampur, P.S: Naubatpur, District: Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anuj Kumar, Advocate For the Opposite Party/s : Mr. Sri Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 25-09-2018 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Bihta P.S. Case No. 664 of 2017 instituted for the offence under Sections 397 and 412 of the Indian Penal Code.

It is alleged in the written report that informant who is driver of Truck bearing Registration No. JH-12B-7503 after loading iron rods proceeded from Bihta to Bettiah. It is further alleged that on the way five accused persons on Tempo overtook the truck in question and stopped the truck. Out of them, two persons boarded the truck and started quarrel with them saying that the informant dashed their tempo. The miscreants captured the steering. One of them started driving the truck. Thereafter, three miscreants who were going with the same tempo stopped

Patna High Court Cr.Misc. No.48728 of 2018 (2) dt.25-09-2018 2/2 the truck on the point of pistol. It is further alleged that police arrested two persons namely Santosh Kumar (petitioner) and Suraj Kumar. The firearms and other incriminating articles have been recovered from their possession as mentioned in the written report.

Counsel for the petitioner submits that petitioner is in custody since 9.9.2017. Counsel for the petitioner further submits that no Test Identification has been held. The investigation has been completed and charge sheet has also been submitted.

Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named, 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 Additional Chief Judicial Magistrate, Danapur, Patna, in connection with Bihta P.S. Case No. 664 of 2017, subject to the condition that both the bailors will be the close relatives of the petitioner. (Sanjay Priya, J) S.Ali/- U T