Sonu Kumar @ Sonu Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13615 of 2025 Arising Out of PS. Case No.-237 Year-2024 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Sonu Kumar @ Sonu Ram Son of Nagendra Ram R/O Mohalla- Khusboo Nagar, P.S.- Town Motihari, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Asif Kalim, Adv.
For the Opposite Party/s :
Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 28-03-2025
1. Heard Mr. Asif Kalim, learned counsel for the petitioner and Mr. Shailendra Kumar, learned APP for the State.
2. The petitioner apprehends his arrest in connection with Motihari (Town) P.S. Case No. 237 of 2024 dated 23.04.2024, registered for the offence punishable under Section 379 of the Indian Penal Code.
3. The main submissions advanced by the petitioner's counsel are that the instant matter relates to theft from the shop of the informant as alleged in the FIR, in fact, the petitioner was working in the shop of the informant as an employee and a dispute regarding remuneration arose in between the petitioner and the informant and thereafter petitioner stopped working in
Patna High Court CR. MISC. No.13615 of 2025(2) dt.
28-03-2025 2/3 the shop of the informant and his salary of two months was due on the part of the informant at that time and so far as the allegation made in the FIR is concerned as per the informant, the petitioner and co-accused persons were caught red-handed while committing the offence of theft by the other shop-kippers but the said allegation is completely vague as neither the place at where the petitioner was caught nor the details of theft article nor the time and date of that apprehending was disclosed by the informant in the FIR and further in the FIR the informant has alleged that prior to the alleged occurrence, the accused persons including the petitioner had committed several incidents of thefts in his shop and godown but regarding that incidents, the informant did not file any document showing any legal action on his part in respect of the said earlier theft incidents which is also sufficient to show the false story being created by the informant.
It is further submitted that though against the petitioner there is one criminal antecedent but the said case relates to the offences of different nature in which the petitioner has been given a relief under Section 41 of Cr.P.C. by the police.
4. Learned APP appearing for the State has opposed the bail prayer of the petitioner.
5. Considering the above submissions made by
Patna High Court CR. MISC. No.13615 of 2025(2) dt.28-03-2025 3/3 petitioner's counsel, this court is inclined to grant the relief of anticipatory bail to the petitioner. Accordingly, let the petitioner named-above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail in connection with Motihari (Town) P.S. Case No. 237 of 2024 on furnishing bail bond of Rs. 20,000/-(Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned, subject to the conditions as laid down under Section 482(2) of the BNSS.
(Shailendra Singh, J) Rajiv/- U T