Monu Soni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16097 of 2024 Arising Out of PS. Case No.-893 Year-2023 Thana- SHEKHPURA District- Sheikhpura ====================================================== Monu Soni, aged about 32 years, Son of Manoj Prasad Soni @ Manoj Prasad R/o Village- Marpasona, P.S.- and Dist.- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 20-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody registered for the offence under Sections 457 and 380 of the Indian Penal Code.

3. As per allegation in the FIR, it is a case of valuable properties and ornaments were recovered from the accused persons.

4. Learned counsel for the petitioner has submitted that petitioner has falsely been implicated in this case. He next submits that the petitioner is not named in the FIR and he has got clean antecedent as stated in para-3 of the petition and he is in custody since 22.12.2023.

5.

Learned APP appearing for the State,

Patna High Court CR. MISC. No.16097 of 2024(2) dt.20-03-2024 2/3 opposes the prayer for bail of the petitioner. 6.

From perusal of the first information report and the impugned order dated 24.01.2024, it appears that the name of the petitioner was surfaced on the basis of confessional statement of co-accused Sonu Kumar as stated in para-7 of the petitioner. It also appears from the impugned order that gold ear rings were recovered from the house of the petitioner but no identification of recovered article as submitted by learned counsel for the petitioner and chargesheet has already been submitted against the accused persons during investigation and no test identification parade was held, in these circumstances, the prayer for bail of the petitioner is allowed. Let the petitioner, above named, be directed to be released on bail after framing of the charge in connection with Sheikhpura P.S. Case No.893 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Sheikhpura.

7.

The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the above named petitioner shall be

Patna High Court CR. MISC. No.16097 of 2024(2) dt.20-03-2024 3/3 released on bail on furnishing bail bond with further condition that the petitioner have to present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T