Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23745 of 2021 Arising Out of PS. Case No.-558 Year-2019 Thana- BANKA District- Banka ====================================================== Sonu Kumar Son of Ranjit Rai Resident of Village- Dhaka More, P.S. and District- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-12-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Banka (Barahat) P.S. Case No. 558 of 2019 dated 10.08.2019 instituted for the offences under Section 394 of the Indian Penal Code.

Learned counsel for the petitioner submits that from bare perusal of the allegation as alleged in the F.I.R. it would manifest that allegation is of snatching Rs. 20,000/- one Jio mobile with a sim as detailed in the F.I.R., clothes of family members and an Apache motorcycle. It is further alleged that informant was also assaulted causing injury in left eye. Learned counsel for the petitioner submits that the petitioner is in custody since 15.10.2019, charge-sheet has been

Patna High Court CR. MISC. No.23745 of 2021(4) dt.13-12-2021 2/2 submitted in the case, he was not put on T.I.P. till filing of the charge-sheet and his name transpired on the confessional statement of co-accused Rajiv Kumar. Learned counsel further submits that confessional statement of co-accused does not have any evidentiary value in the eyes of law.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 15.10.2019, charge-sheet has been submitted in the case, he was not put on T.I.P. and his name transpired on the confessional statement of co-accused, let the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Thousand only) with two sureties of the like amount each to the satisfaction of learned C.J.M., Banka in connection with Banka (Barahat) P.S. Case No. 558 of 2019 subject to the condition as laid down under Section 437 (3) Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T