Petitioner sought regular bail for offences under sections 395, 412, 120(B) IPC. High Court considered facts and period of custody and directed enlargement on bail upon furnishing bond with sureties.
Enlargement on bail by furnishing bail bond of Rs.20,000 with two sureties of the like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19686 of 2023
Arising Out of PS. Case No.-26 Year-2008 Thana- BATH District- Bhagalpur
======================================================
SANTOSH KUMAR, S/o Late Rameshwar Mahto, R/o Village- Nauwagarhi, P.S.- Naya Ramnagar, Distt- Munger.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Manoj Kumar Jha, Advocate For the Opposite Party/s : Mr.Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
2 22-05-2023
Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner has preferred this application for grant of regular bail in connection with S. T. No. 869/2009 arising out of Bath P.S. Case No. 26 of 2008 dated 16.10.2008 registered for the offences punishable u/s 395, 412, 120(B) of the Indian Penal Code.
As per the prosecution case, the informant was returning to home from the shop on a motorcycle with her staff then five miscreants intercepted the motorcycle and one of the miscreants caught hold of her sari due to which the informant fell down on the ground. Thereafter, miscreants looted the purse containing Rs
Patna High Court CR. MISC. No.19686 of 2023(2) dt.22-05-2023 2/2
6000/- and cash memo, telephone bill, Pension pasbook etc on the point of pistol. They also looted the ornaments from the informant. The petitioner was apprehended by the villagers and one cartridge and one country-made pistol were also recovered from the possession of the petitioner.
Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 28.09.2022.
Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bhagalpur in connection with S.T. No. 869/2009 arising out of Bath P.S. Case No. 26 of 2008.
The application stands allowed.
(Chandra Prakash Singh, J)
Gautam/-
U T
1 issue framed by the court
Whether the petitioner is entitled to be enlarged on bail in offences of robbery, cheating and criminal conspiracy.
1 provisions across 1 enactments
SANTOSH KUMAR
THE STATE OF BIHAR
CHANDRA PRAKASH SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
