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Patna High CourtCR. MISC./10346/2022allowed

Sonu Kumar @ Sonu Giri v. The State Of Bihar

2022-08-02Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10346 of 2022 Arising Out of PS. Case No.-1109 Year-2019 Thana- ARA NAWADA District- Bhojpur ====================================================== SONU KUMAR @ SONU GIRI SON OF GOPAL GIRI R/O VILLAGESAWANA, P.S.- IMADPUR, DISTRICT- BHOJPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar, Adv.

For the Opposite Party/s :

Mrs.Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-08-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioner apprehends his arrest in a case registered for the offence punishable u/s 379 of the Indian Penal Code. Allegedly, two unknown miscreants snatched the mobile phone of the informant, while he was talking over a phone call. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to ulterior motive. The FIR has been lodged against unknown and his name

Patna High Court CR. MISC. No.10346 of 2022(2) dt.02-08-2022 2/2 surfaced in the case on the basis of confessional statement of the co-accused. The said mobile phone was recovered from the possession of the co-accused, who narrated on interrogation that he has purchased the same from the petitioner. It is submitted that no recovery has been made from the possession of the petitioner and the petitioner has inimical terms with the coaccused, as such, his name was given in the case by the coaccused. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five 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 Ara Nawada P.S. Case No.1109 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T