Sonu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8464 of 2025 Arising Out of PS. Case No.-245 Year-2024 Thana- RIVILGANJ District- Saran ====================================================== Sonu Kumar S/o- Munna Prasad Village - Jigna, P. S - Ravilaganj, District - Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Hemant Kumar, Advocate For the Opposite Party/s :
Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-02-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Revilganj P.S. Case No. 245 of 2024 instituted for the offences under Sections 317(4), 317(2), 318(4), 338, 336(3) of the Bharatiya Nyaya Sanhita and 25(1-b)a, 26, 35 of the Arms Act
3. Prosecution case, in short, is that, on the alleged date and time, police apprehended two accused persons including this petitioner, who attempted to flee on motorcycle. Upon search, a pistol with four live cartridges, two mobile phones and a stolen motorcycle were recovered.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No
Patna High Court CR. MISC. No.8464 of 2025(2) dt.19-02-2025 2/3 incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner has got no concern with the recovered motorcycle or with the arms and ammunitions. It has been submitted on behalf of the petitioner that the petitioner is in custody since 19.08.2024 and has five criminal antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Revilganj P.S. Case No. 245 of 2024, subject to the following conditions:
(I) One of the bailors shall be own/close member of the family of the petitioner.
(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the
Patna High Court CR. MISC. No.8464 of 2025(2) dt.19-02-2025 3/3 bail bonds of the petitioner.
(III) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Rudra Prakash Mishra, J) Alok Verma/- U T