Sonu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15399 of 2024 Arising Out of PS. Case No.-521 Year-2023 Thana- BARHARA District- Bhojpur ====================================================== Sonu Singh, Male, aged about 25 years, Son of Ajit Singh @ Late Ajit Singh, Resident of Village - Ganghar, P.S. - Ara Mufassil, District - Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Diwakar, Advocate Ms. Priya Kumari, Advocate Mr. Shivam Kumar, Advocate Mr. Sudhakar Ranjan, Advocate Mr. Deepak Kumar, Advocate For the Opposite Party/s :

Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 12-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Barhara PS Case No. 521 of 2023 instituted for the offences punishable under Section 392 of the Indian Penal Code.

3. As per the prosecution case, accused persons looted Rs. 29,645/- from the pocket of the informant and fled away.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. He next submits that the petitioner is not named in the FIR and the FIR is against three unknown persons merely on the basis of suspicion and also upon the confessional statement of co-accused Sandeep Singh in

Patna High Court CR. MISC. No.15399 of 2024(2) dt.12-03-2024 2/3 other case, petitioner has been made accused in the present case. Petitioner is in custody since 31.10.2023.

5. Learned APP opposes the prayer for bail.

6. From perusal of the FIR and the impugned order of the learned Additional District and Sessions Judge-13, Bhojpur at Ara dated 25.01.2024, it appears that petitioner is not named in the FIR and on the basis of confessional statement of coaccused Sandeep Kumar in other case, the petitioner has been made accused in the present case. There is no any independent eye witness of the alleged occurrence and he has not put on Test Identification Parade, accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Barhara PS Case No. 521 of 2023.

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 petitioner shall be released on

Patna High Court CR. MISC. No.15399 of 2024(2) dt.12-03-2024 3/3 bail on above conditions and he shall be present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.

8. Further, if the petitioner shall not appear before the learned trial Court for two consecutive dates without any valid reason, the bail bonds of the petitioner shall be cancelled by the trial Court.

(Ramesh Chand Malviya, J) Anand Kr.

U T