Sonal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18933 of 2015 Arising Out of PS.Case No. -131 Year- 2014 Thana -BIHTA District- PATNA ======================================================

1. Sonal Kumar s/o Late Ajay Sharma r/o Nawahi P.S. Naubatpur, District Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Patanjali Rishi For the Opposite Party/s : Mr. Md.Sufiyan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-07-2015 Heard learned counsels for the petitioner and the State.

Earlier bail application of the petitioner was permitted to be withdrawn vide order dated 12.3.2015 passed in Cr. Misc. No. 8509 of 2015.

It is submitted by learned counsel for the petitioner that wrongly it was submitted that the trial is on the verge of conclusion. Hence, it was permitted to be withdrawn. Hence the prayer for bail has been renewed. The petitioner is languishing in custody since 10.3.2014 in a case registered for the offences punishable under Sections 302,201 and 120B/34 of the Indian Penal Code.

On recovery of dead body of the driver of the

Patna High Court Cr.Misc. No.18933 of 2015 (3) dt.22-07-2015 2/3 informant, the FIR was lodged against three unknown. Name of the petitioner sprang up on the confession of co accused Randhir Kumar. During investigation, it transpired that the petitioner was present on the spot when the dead body was being concealed and it is also alleged that through mobile of the petitioner other co accused talked to co accused just before the commission of the crime.

It is submitted by the learned counsel for the petitioner that only on the basis of circumstantial evidence the petitioner has been tried to be roped in the present case whereas Randhir Kumar on whose confession the petitioner has been named, has been granted bail vide Cr. Misc. No. 46487 of 2014 as contained in Annexure 3.

Considering the fact that the investigation has already concluded and the accusation has been levelled only on the basis of circumstantial evidence, 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 ACJM, Danapur in connection with Bihta P.S. Case No.

Patna High Court Cr.Misc. No.18933 of 2015 (3) dt.22-07-2015 3/3 131 of 2014.

Considering the criminal antecedent of the petitioner, the learned court below shall be at liberty to cancel the bail bonds of the petitioner in case the petitioner defaults without any reasonable cause on three consecutive occasions.

(Dinesh Kumar Singh, J) Anil/- U T