Sonu Rai @ Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18259 of 2023 Arising Out of PS. Case No.-624 Year-2018 Thana- NAGAR District- Vaishali ====================================================== SONU RAI @ SONU KUMAR S/O RAJU RAI R/V- DIGHI KALA EAST, P.S.- SADAR HAJIPUR, DISTRICT-VAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-05-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for bail in a case instituted for the offence under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

It is a case of commission of murder to the informant's son, namely, Sanjeev Kumar Sinha by opening fire by some unknown miscreants which hit into his abdomen and he was brought declared dead by the doctors of Paras H.M.R.I. Hospital, Patna.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. No one is the eye witness of the alleged occurrence. Only on the basis of suspicion, the name of the petitioner dragged in the present case. He was not put on TIP. During investigation, no consistent

Patna High Court CR. MISC. No.18259 of 2023(2) dt.12-05-2023 2/2 material has come against the petitioner to show his involvement in the present case. His name has been transpired in this case on the basis of confessional statement of apprehended co-accused before the police, which has no evidentiary value in the eye of law. Similarly situated other accused person has already been enlarged on bail by another coordinate Bench of this Court vide order dated 4.2.2020 passed in Cr. Misc. No. 50750 of 2019. He is languishing in judicial custody since 14.09.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, Vaishali at Hajipur in connection with Hajipur Town P.S. Case No. 624 of 2018.

(Sunil Kumar Panwar, J) arish/- U