Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4733 of 2019 Arising Out of PS. Case No.-243 Year-2018 Thana- ATHMALGOLA District- Patna ====================================================== Sonu Kumar, Son of Arvind Mahto, R/o Village-Lalitpur Agwanpur, P.S.-Barh Distt.-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar Sinha For the Opposite Party/s :

Mr. Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-01-2019 Heard leaned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 03.11.218 in a case registered for the offence punishable under Section 379 of the Indian Penal Code.

The prosecution case as per the written report of Pintu Rai, submitted to the S.H.O., Athmalgola P.S. is to the effect that on 27.09.2018, the tractor of the informant was stolen by unknown, leading to registration of FIR against four unknown accused persons. It is further alleged that the petitioner is accused in one other case, being Hathidah P.S. Case No.74 of 2018 in similar nature of accusation in which, the petitioner has confessed his guilt.

It is submitted by learned counsel from the petitioner

Patna High Court Cr.Misc. No.4733 of 2019(2) dt.29-01-2019 2/2 that neither any recovery was made from the possession of the petitioner nor is there any eye witness to the said occurrence. It is further submitted that the investigation has already been concluded. However, it is alleged against the petitioner that the petitioner was involved in Hathidah P.S. Case No. 74 of 2018, with similar nature of accusation, but he has been granted bail by co-ordinate Bench of this Court, vide order dated 17.01.2019, passed in Cr. Misc. No.900 of 2019. Learned APP for the State submits that the accusation is specific against the petitioner.

Considering the nature of accusation and that fact that the investigation has already been concluded, let the above named petitioner 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 S.D.J.M., Barh, Patna in connection with Athmalgola P.S. Case No.243 of 2018. (Dinesh Kumar Singh, J) Deepak/Rahul/- U T