Allowed

Santosh Yadav @ Santosh Kumar v. the State of Bihar

Patna HC14 Nov 2024CR. MISC./54476/2024

Case brief

AI extract

What is this about?

Petitioner in custody since 08.06.2024 in a case of alleged recovery of a country-made revolver and live cartridges on N.H.-27. Considering he is a young student with no criminal antecedent and period of custody, bail granted with conditions including surety bonds, monthly police-station attendance and non-tampering with witnesses.

What did the court decide?

Released on bail on furnishing Rs.10,000 bond with two like sureties, subject to stated conditions

Santosh Yadav @ Santosh Kumar 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.54613 of 2024

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Arising Out of PS. Case No.-144 Year-2024 Thana- PIPRA District- East Champaran

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

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Ravi Kumar S/o Munni Lal Rai @ Munni Lal Kumar R/o vill - Jagati, Jamuniya, P.s. - Bhopatipur, Distt. - East Champaran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr.Sharda Nand Mishra, Advocate For the Opposite Party/s : Mr.Upendra Kumar, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

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3 14-11-2024 Heard the parties.

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The petitioner is in judicial custody in connection with Pipra P.S. Case No. 144 of 2024 for the offence punishable under Sections 399, 402, 413 and 414 of the Indian Penal Code and section 25(1-b)a, 26,35 of the Arms Act lodged on 08.06.2024 by the informant, Sunil Kumar.

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As per the prosecution story, the informant alleged that upon information of criminal activities on N.H.-27, the same were intercepted and the allegation is that amongst other from this petitioner, there is recovery of country made revolver besides live cartridges and the motorcycle. This led to the FIR.

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Learned counsel for the petitioner submits that the motorcycle belongs to him, he is a student, has no criminal antecedent, the Police only due to scuffle earlier had with them,

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Patna High Court CR. MISC. No.54613 of 2024(3) dt.14-11-2024 2/3

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implicated for which he has already remained in custody since 08.06.2024 (para-10 of the petition). The further submission is that he do not have criminal antecedent.

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Learned APP opposes the prayer submitting that upon search, recovery of country made revolver and live cartridges there.

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Having gone to the submissions of the parties as also the fact that the petitioner is a young boy, student, no criminal antecedent, has remained in custody since 08.06.2024, this Court is inclined to extend him the privilege of bail with conditions.

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Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned S.D.J.M., East Champaran, Motihari, in connection with Pipra P.S. Case No. 144 of 2024 subject to the following conditions:

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(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his bona fide;

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(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his

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Patna High Court CR. MISC. No.54613 of 2024(3) dt.14-11-2024 3/3

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bail bond by the Trial Court itself;

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(iii) the petitioner shall appear before the concerned police station every month for next one year to mark his attendance;

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(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

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(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.

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(Rajiv Roy, J)

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Ravi/-

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U T

Santosh Yadav @ Santosh Kumar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Santosh Yadav @ Santosh Kumar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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