Allowed

Santosh Kumar v. The State Of Bihar

Patna HC10 May 2017CR. MISC./47150/2016

Case brief

AI extract

What is this about?

The High Court of Patna granted bail to the petitioner Santosh Kumar accused of dacoity, arms offences, and NDPS offences. Considering co-accused recovery of arms were granted bail and the petitioner's prior liberty, he was released on a Rs. 10,000 bond with two sureties, with liberty to cancel if he defaults or commits a serious offence.

What did the court decide?

Petitioner released on bail on furnishing bonds of Rs. 10,000 with two sureties of the like amount each.

Santosh Kumar Vs The State Of Bihar — Narcotics (NDPS) | Patna HC (2017)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.47150 of 2016

¶2

Arising Out of PS.Case No. -206 Year- 2015 Thana -MANIYARI District- MUZAFFARPUR

¶3

====================================================== Santosh Kumar Son of Vishwanath Prasad, resident of Village Ali Neura, Police Station Minapur, District Muzaffapur.

¶4

.... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Jyotsna Rani Mishra For the Opposite Party/s : Mr. Smt. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER

¶5

02/ 10.05.2017

¶6

Heard learned counsels for the petitioner and

¶7

the State.

¶8

The petitioner has renewed the prayer for bail in a case registered for the offences punishable under Sections 399 and 402/34 of the Indian Penal Code, sections 25(1-B)a, 26(II) and 35 of the Arms Act and sections 20 and 22 of the NDPS Act.

¶9

On information that the miscreants are preparing to commit dacoity, raid was conducted when from the possession of the petitioner one loaded country made pistol and one revolver loaded with three cartridges of which one was found to be live, were recovered. From other accused persons also arms and psychotropic substances were recovered.

¶10

It is submitted by learned counsel for the

¶11

Patna High Court Cr.Misc. No.47150 of 2016 (2) dt.10-05-2017

¶12

2/3

¶13

petitioner that co-accused Chandan Kumar and Mukesh Rai, from whom also arms were recovered, have been granted bail by a Bench of this Court vide Cr. Misc. Nos. 49710 of 2015 and 54150 of 2015 but they have no criminal antecedent, whereas, the petitioner is accused in four other cases out of which three are registered under Section 392 IPC and one is registered under Section 364A IPC. A statement has been made in paragraph 3 of the petition that in all the cases the petitioner is on bail. It is further submitted that earlier bail application of the petitioner was rejected with liberty to renew the prayer for bail after remaining in custody for nine months. The petitioner is in custody since 22.01.2016 and there is no likelihood of conclusion of trial in near

¶14

future.

¶15

Keeping in view of the fact that the co-accused persons, from whom arms were recovered, have been granted bail and the liberty given earlier, let the above named 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 learned Sessions Judge –cum- Special Judge, Muzaffarpur, in connection with Maniyari P.S. Case No. 206 of 2015.

¶16

The learned court below will be at liberty to

¶17

Patna High Court Cr.Misc. No.47150 of 2016 (2) dt.10-05-2017

¶18

3/3

¶19

cancel the bail bonds of the petitioner in two eventualities i.e. if he defaults for two consecutive occasions or substantially gets involved in some serious nature of offence.

¶20

(Dinesh Kumar Singh, J)

¶21

DKS/-

¶22

U T

Santosh Kumar v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Santosh Kumar v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Anil Kumar and Ors. Vs The State Of Bihar and Ors.

Raghunandan Singh Vs State Of Bihar and Anr.

Surya Bans Singh Vs The State Of Bihar and Ors.

Giri Shankar Bind Vs The State Of Bihar

Ajay Kumar Vs The State Of Bihar

Aman Kumar Vs The State Of Bihar