Sonu @ Md. Asif v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.571 of 2025 Arising out of PS. Case No.-164 Year-2024 Thana- CHACKMEHSI District- Samastipur ====================================================== Sonu @ Md. Asif, S/o Md. Jamal, R/o Village- Chakmehsi, P.S- Chakmehsi, Distt.- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dilip Kumar Roy, Advocate For the Opposite Party/s:

Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 16-04-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

2. The petitioner seeks bail in connection with Chakmehsi P.S. Case No. 164 of 2024 dated 10.10.2024 instituted for the offences under Sections 103(1), 238, 61(2) of Bhartiya Nyay Sanhita and Section 27 of the Arms Act.

3. The prosecution case is that the informant's son-inlaw in connivance with his two brothers had murdered the daughter of the informant.

4. Learned counsel for the petitioner submits that the petitioner was not named in the FIR and his name has surfaced in the confessional statement of one Sandeep Kumar Thakur whose confessional statement has been recorded in para 10 of the case diary wherein it is alleged that the petitioner has sug-

Patna High Court CR. MISC. No.571 of 2025(3) dt.16-04-2025 2/3 gested on phone that the daughter of the informant should be carried to DMCH. He further submits that the petitioner has clean antecedent and from perusal of the FIR it is clear that barring the confessional statement there is nothing against the petitioner to connect in the present crime. It is lastly submitted that the petitioner is in custody since 31.10.2024.

5. Learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid submissions of respective counsels and the fact that the petitioner has clean antecedent and also that one similarly situated co-accused namely Sonu Kumar @ Sonu Kumar Ram has been granted bail by a Co-ordinate Bench of this Court vide order dated 05.02.2025 passed in Cr. Misc. No. 90249 of 2024, the petitioner, above named, is directed to be released on bail on furnishing bail-bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Avinash Chandra, Judicial Magistrate, 1st Class, Samastipur (or his successor) in connection with Chakmehsi P.S. Case No. 161 of 2024, subject to the the following conditions:- (i) One of the bailors will be a close relative of the petitioner.

Patna High Court CR. MISC. No.571 of 2025(3) dt.16-04-2025 3/3 (ii) The petitioner will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court.

(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be canceled by the Court concerned.

(Sourendra Pandey, J) Vikash/- U T