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Santosh Chaudhary v. The State of Bihar

Patna HC28 Feb 2024CR. MISC./12390/2024

Case brief

AI extract

What is this about?

The petitioner sought bail in a theft case under Section 379 IPC. Despite having four criminal antecedents, the Court considered the period of custody, the manner of implication via a co-accused's confession, and the submission of the charge sheet. The Court granted bail with a bond of Rs. 10,000 and two sureties.

What did the court decide?

Bail granted on furnishing bail bonds of Rs. 10,000/- with two sureties of like amount.

Santosh Chaudhary Vs The State of Bihar — Bail and Remand | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12390 of 2024

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Arising Out of PS. Case No.-13 Year-2023 Thana- SIKTA District- West Champaran

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======================================================

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Santosh Chaudhary Son of Yamuna Chaudhary Resident of Vill.-Bagahi Ratanpur, P.s.-Bairiya, Dist.-West Champaran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner : Mr. Bimlesh Kumar Pandey, Advocate For the State : Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

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ORAL ORDER

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2 28-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

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2. The petitioner seeks bail in connection with Sikta P.S. Case No. 13 of 2023 instituted for the offence under Section 379 of the Indian Penal Code.

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3. Prosecution case in a nutshell is that informant’s Bolero vehicle was stolen which was parked in the shed of his door.

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4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 20-06-2023. Petitioner bears four criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

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5. It has been further submitted by the petitioner’s

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Patna High Court CR. MISC. No.12390 of 2024(2) dt.28-02-2024 2/2

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counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has surfaced in this case due to confessional statement of coaccused, namely, Ajay Kumar, and the same has no evidentiary value. Charge sheet has already been submitted in this case.

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

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7. Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and manner of implication, this Court is inclined to grant bail to the petitioner.

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8. Let the 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 Court below/concerned Court in connection with Sikta P.S. Case No. 13 of 2023.

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(Rudra Prakash Mishra, J)

Santosh Chaudhary v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Santosh Chaudhary v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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