Sonu Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.6183 of 2016 (2) dt.25-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6183 of 2016 Arising Out of PS.Case No. -489 Year- 2015 Thana -LAHERIASARAI District- DARBHANGA ======================================================

1. Sonu Kumar son of Sri Madhu Mahto, resident of village- Rudalganj, Ganga Sagar, P.S.- Laheriasarai, District- Darbhanga .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar No 13, Adv. Mr. Rohit Kumar, Adv.

For the Opposite Party/s : Mr. B.M.P.Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 25-02-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Laheriasarai P.S. Case No. 489 of 2015 registered for the offences punishable under Sections 302, 201 and 120(B)/34 of the Indian Penal Code.

The petitioner is not named in the First Information Report but in course of investigation, on the basis of call details report of mobile of deceased, it appears that the said mobile was being used by one Rajesh Kumar Sahni and then he was interrogated and he disclosed that the said mobile was purchased by Prabhu Kumar from the petitioner and Ganga Ram Mahto and then the petitioner was arrested and he confessed his guilt. Submission is of false implication and that besides confession and the statement of co-accused, there is nothing

Patna High Court Cr.Misc. No.6183 of 2016 (2) dt.25-02-2016 against the petitioner, in this case co-accused Ganga Ram Mahto has already been allowed bail vide Cri. Misc. No 4514 of 2016 by another co-ordinate Bench of this Court and the petitioner is suffering in custody since 1.10.2015 without any legal and tangible material. The petitioner has also got no criminal history. The learned A.P.P. fairly submits that co-accused Ganga Ram Mahto has already been allowed bail. In the facts and circumstances stated above, the petitioner, above named, is also directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Darbhanga in connection with Laheriasarai P.S. Case No.

489 of 2015 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.