Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9093 of 2023 Arising Out of PS. Case No.-355 Year-2022 Thana- BAKHTIYARPUR District- Patna ====================================================== SONU KUMAR S/O SUKHNANDAN RAY @ SUKHNANDAN PRASAD R/v- Naya Tola Dedaur, P.S.- Bakhtiyarpur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shovendra Kumar, Advocate.

For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-04-2023 Learned counsel for the petitioner is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner has preferred this application for grant of regular bail in connection with Bakhtiyarpur P. S. Case No. 355 of 2022 dated 01.08.2022 registered for the offences punishable under Section 414 of the Indian Penal Code. As per the prosecution case, on seeing the police, one miscreant boarded on a motorcycle started fleeing away. Thereafter, he was apprehended by the police and on being asked, he disclosed his name as Jitendra Kumar. He further disclosed that the stolen motorcycle was purchased from Sonu Kumar (the petitioner).

Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.9093 of 2023(2) dt.29-04-2023 2/2 the petitioner is innocent and has falsely been implicated in this case. No such occurrence as alleged has ever taken place. The petitioner has no concern with the seized motorcycle. The name of the petitioner has sprung up in the confessional statement of the co-accused. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 02.08.2022.

Learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Barh, Patna in connection with Bakhtiyarpur P. S. Case No. 355 of 2022.

The application stands allowed.

(Chandra Prakash Singh, J) shakir/- U T