Sonu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16822 of 2025 Arising Out of PS. Case No.-81 Year-2024 Thana- TURKAULIYA District- East Champaran ====================================================== Sonu Kumar Son of Late Vinod Kumar @ Binod Sahani Resident of Village - Jhakiya, Naya Tola, P.S.- Banjariya, District - East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s :
Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-04-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Turkauliya (Banjariya) P.S. Case No. 81 of 2024 registered for the offences punishable under Section 394 of the IPC.
3. As per prosecution case, informant was assaulted by four unknown persons and two mobile phones and a motorcycle were taken away by them.
4. Learned counsel for the petitioner submits that petitioner is not named in the FIR and his name has been surfaced on the basis of confessional statement co-accused Sahbag @ Rupesh Kumar as mentioned in the impugned order. He further submits that no TIP was conducted up till now. No incriminating article has been recovered from possession of the petitioner. Except confessional statement, there is nothing on
Patna High Court CR. MISC. No.16822 of 2025(2) dt.29-04-2025 2/2 record to connect the present petitioner with the alleged occurrence. Petitioner is in custody since 02.07.2024 and bears criminal antecedent of two cases in which he is on bail as stated in para 3 of the bail petition. Similarly situated co-accused has already been granted regular bail by a coordinate Bench of this Court vide order dated 07.10.2024 passed in Cr. Misc. No. 70726 of 2024.
5. The learned A.P.P. for the State opposes the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case, period of custody, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Motihari, East Champaran in connection with Turkauliya (Banjariya) P.S. Case No. 81 of 2024.
7. The application stands allowed.
(Chandra Prakash Singh, J) khushbu/- U T