Sunny Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5545 of 2024 Arising Out of PS. Case No.-562 Year-2023 Thana- HILSA District- Nalanda ====================================================== Sunny Kumar S/O Ramadhir Chaudhary R/O Village- Yarpur, P.S- Hilsa, Distt.- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Kumar, Adv.

For the Opposite Party/s :

Mr. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 17-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Hilsa P.S. Case No. 562 of 2023 dated 04.09.2023, instituted for the offence punishable under Sections 414/34 of the Indian Penal Code.

3. The prosecution case, in short, is that on the date of occurrence the informant along with police party saw four persons riding on black motorcycle, who were coming towards them and when they tried to stop them then three persons succeeded in fleeing away and one person, who was driving the said motorcycle was apprehended.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this

Patna High Court CR. MISC. No.5545 of 2024(2) dt.17-02-2024 2/2 case. It is submitted that only on the basis of confessional statement of Jeetu Kumar, who was apprehended at the spot, the petitioner has been made accused in this case. It is further submitted that nothing has been recovered from the conscious possession of the petitioner nor from the house of the petitioner. Lastly, it has been submitted that he has one criminal antecedent.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner in connection with Hilsa P.S. Case No. 562 of 2023, he shall be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-Ist Hilsa, Nalanda, subject to condition as laid down under Section 438(2) of the Cr.P.C.. (Khatim Reza, J) prabhat/- U T