Sonu Kumar @ Chhotu Rawani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14798 of 2024 Arising Out of PS. Case No.-758 Year-2022 Thana- RAMPUR District- Gaya ====================================================== Sonu Kumar @ Chhotu Rawani S/o Vijay Prasad R/o Mohalla- R.S. Road, Panchayatia Akhara, P.S.- Chandauti, Dist.- Gaya, at presently residing at Bangla Asthan, Maharani Road, P.S.- Kotwali, District- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Dharmendra Kumar Sinha, Advocate For the State :
Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-03-2024 Heard learned counsel for the petitioner and learned APP for the State.
2.
The petitioner seeks bail in connection with Rampur P.S. Case No. 758 of 2022 instituted for the offence under Sections 394, 397 of the Indian Penal Code and Section 27 of the Arms Act.
3.
Prosecution case in short is that while informant was going to LIC Branch, he was accosted with three unknown miscreants, whereafter on the point of pistol they snatched his bag containing Rs. 7,50,000/-. It is also alleged that one of the accused persons has fired upon the informant. 4.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 01-02-2023. Petitioner
Patna High Court CR. MISC. No.14798 of 2024(2) dt.11-03-2024 2/3 bears ten criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.
5.
It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has transpired during course of investigation. Nothing has been recovered from the conscious possession of the petitioner. It is submitted that petitioner was not put on TI parade. It is lastly submitted that charge sheet has been submitted in this case. Other co-accused has been granted bail by a Co-ordinate Bench of this Court, vide order dated 25-07-2023, passed in Cr. Misc. No. 29579 of 2023.
6.
Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.
Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, charge sheet being submitted and claim based on parity, this Court is inclined to grant bail to the petitioner.
8.
Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Rampur
Patna High Court CR. MISC. No.14798 of 2024(2) dt.11-03-2024 3/3 P.S. Case No. 758 of 2022, subject to the following conditions:
(I) One of the bailors shall be own/close member of the family of the petitioner.
(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J) Raj Kishore/- U T