Sonu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6274 of 2025 Arising Out of PS. Case No.-968 Year-2024 Thana- SASARAM NAGAR District- Rohtas ====================================================== Sonu Kumar S/O Shri Vijay sharma Resident of Village- Kaupa, P.S.- Shiv Sagar, District- Rohtas.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manish Kumar No 13, Advocate For the State :
Mr.Ram Anurag Singh, APP For the Informant :
Mr. Vinay Kr. Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 15-02-2025 Heard learned counsel for the petitioner and learned APP for the State as well as learned counsel for the informant.
2. In this present case, the petitioner seeks bail in connection with Sasaram Town P.S. Case No. 968 of 2024 dated 26.11.2024 registered for the offences under Sections 303(2)/ 334(1) and 317 of the B.N.S.
3. As per prosecution case, informant found the doors of his godown to be opened in the night and on going through the CCTV footage, he found the petitioner who has been working as driver along with 8-10 persons taking away the goods kept in the godown by different vehicles and in this manner goods worth of Rs. 15,00,000/- was stolen.
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4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Petitioner has been working as the driver of the informant and in order to save GST, the informant used to sale the goods without proper receipt and documents. Petitioner had been working on the instruction of the informant. Learned counsel further submits that while granting bail to the other co-accused persons the fact was noted that they have made payment online to the informant towards the articles shown to have been taken from the godown of the informant. Allegedly stolen articles have been recovered from the shop of the co-accused persons and these persons have been granted bail. Learned counsel further submits that as the petitioner has been working as driver of the informant and some dispute arose over payment and wages and the petitioner refused to drive the vehicle, he was falsely implicated in the instant case. Petitioner is in custody since 27.11.2024 and charge-sheet has been submitted. Petitioner is having clean antecedent.
5. Learned A.P.P. as well as learned counsel for the informant oppose the submission made on behalf of the petitioner. Learned counsel for the informant submits that the petitioner have helped the co-accused in stealing the goods of
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6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the probability of false implication in the background of payment received by the informant from the co-accused and further considering the clean antecedent of the petitioner as well as his period of custody and submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sasaram, Rohtas/concerned court in connection with Sasaram Town P.S. Case No. 968 of 2024, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and other following conditions: (i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the
4/4 petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) balmukund/- U T