Sudhanshu Kumar @ Sonu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12581 of 2019 Arising Out of PS. Case No.-232 Year-2018 Thana- SIKANDRA District- Jamui * ====================================================== SUDHANSHU KUMAR @ SONU Son of Nawal Yadav Resident of Village - Sikandra, P.S.- Sikandra, District- Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Satya Prakash Parasar For the Opposite Party/s :
Mr.Mukeshwar Dayal ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 05-03-2019 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner is languishing in judicial custody since 14.10.2018 in connection with Sikandra P.S. Case No. 232 of 2018 for offences punishable under Sections 385, 387/34 of the Indian Penal Code and Section 27 of the Arms Act. The prosecution case, as lodged by the informant, is that he does business of fruit selling and one day before two persons in a motorcycle fired on his fruit shop and he received a phone call for ransom of Rs. 2 lakhs.
It has been submitted by the learned counsel for the petitioner that he is innocent, not named in the FIR, bears no criminal history and has been falsely implicated in the aforesaid case only on confession of the co-accused Chandan Kumar Paswan, who has since been
Patna High Court CR. MISC. No.12581 of 2019(2) dt.05-03-2019 2/2 granted the privilege of bail by a coordinate Bench of this court in Cr. Misc. No. 4141 of 2019 vide order dated 28.01.2019. He further submits that even the mobile, from which the phone call was made, does not belong to the petitioner and no offence under Section 385 of the Indian Penal Code is made out against him.
However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, 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 Judicial Magistrate-1st Class, Jamui, in connection with Sikandra P.S. Case No. 232 of 2018, 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. (Nilu Agrawal, J) Rajesh/- U T