Sonu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8374 of 2024 Arising Out of PS. Case No.-163 Year-2023 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== Sonu Kumar S/o Sanjay Singh @ Sanjay Kumar Singh Resident of VillageManjhaul, P.S. - Cheria Bariyarpur, District- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sudish Kumar, Adv.
For the Opposite Party/s :
Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 19-02-2024
1. Heard learned counsel for the Petitioner and learned APP for the State.
2. Petitioner seeks regular bail in connection with Cheria Bariyarpur P.S. Case No. 163/2023 dated 25.06.2023 registered for the offences punishable under Sections 302, 201, 120(B) read with Section 34 of IPC and under Section 27 of the Arms Act.
3. The main submissions advanced by learned counsel for the petitioner are that the petitioner is a young person, having no criminal antecedent, he has been languishing in jail since 17.10.2023 and the FIR was lodged against unknown persons and the name of the petitioner came into light
Patna High Court CR. MISC. No.8374 of 2024(2) dt.19-02-2024 2/3 on the basis of confessional statement of accused namely, Rajnish Kumar, but the said accused disclosed the name of other Sonu Kumar, son of Sanjeet Singh while the name of petitioner's father is Sanjay Kumar and in this regard, operative portion of order impugned may be perused. Further submissions are that there is no eye-witness of the alleged crime and petitioner is a student of B.A. Part II and he has been dragged in this case merely on the ground of electronic evidence but during investigation, no material has come against him except the confessional statement of co-accused and suspicion and the police failed to recover any incriminating material from his possession after he was taken into custody.
4. Learned APP appearing for the State has opposed the prayer for bail of the petitioner.
5. Considering the above submissions and mainly taking into account the petitioner's custody period as well as his fair and clean antecedent and completion of investigation against him, this Court is inclined to accept the prayer for bail of the petitioner. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Cheria
Patna High Court CR. MISC. No.8374 of 2024(2) dt.19-02-2024 3/3 Bariyarpur P.S. Case No. 163/2023.
(Shailendra Singh, J) Maynaz/- U T