Sonu Kumar @ Jaralka v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7945 of 2023 Arising Out of PS. Case No.-113 Year-2022 Thana- PANDARAK District- Patna ====================================================== SONU KUMAR @ JARALKA S/O KAILASH YADAV Resident of villageBampur, P.S.- Pandarak, District- Patna. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Kashyap For the Opposite Party/s :
Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-04-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State along with the learned counsel for the informant.
The petitioner seeks bail in a case registered for the offences punishable under Sections 341, 302, 379, 120B and 34 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner is in custody since 15.08.2022 , is a person with clean antecedent. It is next submitted that informant alleges that while his father was returning home, in the meantime, co-accused namely Manoj Kumar along with some unknown persons killed his father and took away his tractor.
Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.7945 of 2023(2) dt.29-04-2023 2/3 petitioner is innocent and has been falsely implicated in the present case. It is next submitted that his name transpired in the confessional statement of co-accused namely Pintu Kumar. Learned counsel for the petitioner next submits that the petitioner is not named in the FIR and his name transpired in the confessional statement of Pintu Kumar, it is also submitted that Pintu Kumar had also disclosed the name of one Amarjeet Kumar and Anuj Kumar. It is next submitted that Amarjeet Kumar was granted regular bail by order dated 27.04.2023 in Cr. Misc. No. 1172 of 2022 and Anuj Kumar was granted bail by order dated 19.04.2023 in Cr. Misc. No. 745 of 2023. Learned counsel next submits that confessional statement as such does not have any evidentiary value.
Learned A.P.P. for the State and the learned counsel for the informant vehemently opposes the prayer for bail of the petitioner but are not able to rebut the submission of the learned counsel for the petitioner that Amareet and Anuj whose name also transpired in the confessional statement of Pintu Kumar have been granted regular bail by a learned Co-ordinate Bench of this Court.
Considering the fact that the petitioner is in custody, is a person with clean antecedent, let the petitioner
Patna High Court CR. MISC. No.7945 of 2023(2) dt.29-04-2023 3/3 above named be released on bail 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 court below where the case is pending/successor court in connection with Pandarak P.S. Case No. 113 of 2022.
(Satyavrat Verma, J) HarshPandey/- U T