Patna High CourtCR. MISC./11052/2025bail granted

Sunny Kumar v. The State Of Bihar

2025-03-19Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11052 of 2025 Arising Out of PS. Case No.-398 Year-2024 Thana- HARSIDHI District- East Champaran ====================================================== Sunny Kumar Son of Shankar Rai @ Shankar Prasad Resident of Village - Shahpur, P.S.- Gopalpur, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Supriya Rani For the Opposite Party/s :

Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-03-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Harsidhi P.S. Case No. 398/2024 dated 21.07.2024 registered for the offence punishable u/s 317(5) read with Section 3(5) of the B.N.S.

3. As per the prosecution case, the petitioner and the co-accused persons were apprehended by police with the stolen motorcycle.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional statement of the co-accused persons. The other coaccused person has already been granted bail by this court vide

Patna High Court CR. MISC. No.11052 of 2025(2) dt.19-03-2025 2/2 order dated 07.10.2024 passed in Cr. Misc. No. 70761/2024. The petitioner has no concern with the alleged motorcycle. The petitioner has six antecedents and he is on bail in all the aforesaid cases as stated in para 3 of the bail petition. The petitioner is in custody since 20.11.2024.

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

6. 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, East Champaran, Motihari in connection with Harsidhi P.S. Case No. 398/2024, with the condition ;- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

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