Sonu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1878 of 2017 Arising Out of PS.Case No. -327 Year- 2016 Thana -GARKHA District- SARAN ====================================================== Sonu Kumar, S/o Birendra Prasad, R/o Village- Khodaibagh, P.S.- Khaira, Distt.- Saran.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Tej Pratap Singh For the Opposite Party/s : Mr. Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 25-01-2017 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.
The petitioner seeks bail in a case for the offences punishable under sections 395 and 397 of the I.P.C. Allegedly, at the point of pistol, dacoity was committed in the house of the informant and on protest the miscreants assaulted the family members and thereafter the inmates of the house caught two of the miscreants and also informed the police but other miscreants started firing causing injury to four members of the family of the informant and as soon as the police reached there, the miscreants fled away. Submission is of false implication and the petitioner was not apprehended at the spot and he has been arrested only on the basis of confessional statement of a co-accused Prabhat
Patna High Court Cr.Misc. No.1878 of 2017 (2) dt.25-01-2017 2/2 Manjhi. Nothing has been recovered from the conscious possession of the petitioner or from his shop. He has not been put on T.I.P and as such, the petitioner deserves sympathetic consideration as he is in custody since 2.11.2016. Learned APP appearing for the State, who opposes the prayer of bail by submitting that the petitioner has purchased the looted gold ornaments for Rs. 96,000/- which has come in the confessional statement of co-accused Prabhat Manjhi. In the facts and circumstances as stated above, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M.V, Saran in Garkha P.S. Case No.
327 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.
(Jitendra Mohan Sharma, J) A.I./- U