Sonu Verma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8022 of 2019 Arising Out of PS. Case No.-356 Year-2015 Thana- BUXAR District- Buxar ====================================================== Sonu Verma S/O Sanjay Verma Resident of Mohalla - Musafirganj, P.S.- Buxar(T), Dist.- Buxar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajeev Ranjan For the Opposite Party/s :
Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-04-2019 Heard learned counsel for the parties.
Petitioner, who is in custody, seeks bail registered for the offences punishable under Sections 147, 148, 149, 341, 326, 302 and 120B of the Indian Penal Code and under Section 27 of the Arms Act.
Informant who is the brother of the deceased has alleged that on 05.09.2015 at about 10:20 A.M. he along with his brother had gone to purchase worship articles. Meanwhile, he heard a sound of firing and when he turned back he saw petitioner along with FIR named accused indiscriminately fired upon his brother and thereafter they fled away, as result of which his brother died.
It has been submitted on behalf of the petitioner
Patna High Court CR. MISC. No.8022 of 2019(3) dt.04-04-2019 2/3 that he is innocent and has been falsely implicated in this case. There is no specific allegation of any overtact against the petitioner. There is general and omnibus allegation against all FIR named accused. It has been further submitted that similarly placed co-accused, Raju Yadav and Alok Thakur, have been granted bail by co-ordinate Bench of this Court vide order dated 12.04.2016 passed in Cr. Misc. No. 4075 of 2016 and vide order dated 23.05.2016 passed in Cr. Misc. No. 21995 of 2016 respectively. He is in custody since 16.10.2015. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs.
10,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Sessions Trial No. 21 of 2016 corresponding to Buxar (T) P.S. Case No. 356 of 2015, with following condition:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his
Patna High Court CR. MISC. No.8022 of 2019(3) dt.04-04-2019 3/3 absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J) manoj/- U T