Sonu Kumar @ Sinu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38037 of 2017 Arising Out of PS.Case No. -159 Year- 2017 Thana -KRITYANAND NAGAR District- PURNIA ====================================================== Sonu Kumar @ Sinu Kumar Son of Anirudh Mandal resident of Village - Chethariapir, P.S. - Korha, District - Katihar. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pawan Kumar Singh For the Opposite Party/s : Mr. Sri Kumar Virendra Narayan ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 03-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 29.04.2017 in connection with K. Nagar (Maranga) P.S. Case No. 159 of 2017 vide G.R. No. 1361 of 2017 for offences punishable under Section 392 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that while he was returning home on his motorcycle four miscreants snatched his motorcycle, mobile and a few documents and fled away.

It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.38037 of 2017 (4) dt.03-10-2017 2/3 petitioner that he is innocent, not named in the F.I.R., bears no criminal history and his name surfaced on the confessional statement of co-accused Manish Kumar and that charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner. However, learned APP for the State opposes the prayer for bail stating therein that the motorcycle used to commit theft was recovered from the petitioner and on the basis of confessional statement of the petitioner the stolen motorcycle was also recovered.

Considering the facts and circumstances and the materials on record and that since the petitioner bears no criminal antecedent, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with K.Nagar (Maranga) P.S. Case No. 159 of 2017, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner and that if the

Patna High Court Cr.Misc. No.38037 of 2017 (4) dt.03-10-2017 3/3 petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned court below for cancellation of his bail bonds.

(Nilu Agrawal, J) Devendra/- U T