Sonu Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7556 of 2024 Arising Out of PS. Case No.-473 Year-2023 Thana- BANIAPUR District- Saran ====================================================== SONU KUMAR SHARMA SON OF SHAMBHU SHARMA R/O-RITH, P.S.-EKMA, DISTT.-SARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Avnish Kumar Singh For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-02-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has filed the instant application for grant of regular bail registered under section 394 of the Indian Penal Code.

3. As per FIR, the informant alleged that while he was returning from his office, in the meantime, three unknown miscreants boarded on a motorcycle came and snatched his two mobile phones and motorcycle and fled away.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named in F.I.R. rather his name came into light in this case on the basis of confessional statement which is not admissible in the eye of

Patna High Court CR. MISC. No.7556 of 2024(2) dt.17-02-2024 2/2 law. The petitioner has no concern with the alleged occurrence and he has purchased the mobile in question from a shopkeeper and he has also no knowledge that the mobile in question is looted or stolen article. It is further submitted that he has not been put on T.I.P. The petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 02.12.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Baniapur P.S. Case No. 473 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate Saran at Chapra.

(Sunil Kumar Panwar, J) Amandeep/- U T