Sonu Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22421 of 2019 Arising Out of PS. Case No.-344 Year-2018 Thana- PATNA CITY CHOWK District- Patna ====================================================== SONU KHAN, Male, aged about 21 years, Son of Rijvanulla, Resident of Mohalla- Chhoti Bazar Jalava Toli, P.S.- Khajekala, District- Patna ... Petitioner

Versus

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

For the Petitioner :

Mr. Bindeshwar Prasad Singh, Adv.

For the Opposite Party :

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 11-04-2019 Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State. The petitioner seeks bail in connection with Special Case No. 8274 of 2018 arising out of Chowk P.S. Case No. 344 of 2018 for the offences alleged under Sections 398 of the Indian Penal Code and under Sections 25(1-B)a and 26 of the Arms Act and under Section 37(c) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as lodged by the police personnel, is that on information that two persons are planning to commit crime, the police apprehended the petitioner along with another co-accused, Sunil Kumar @ Bhola Yadav. On search, from the possession of other co-accused one pistol with two live cartridges were recovered and from the possession of the petitioner two live cartridges were recovered. The petitioner and the co-accused were found in an intoxicated

Patna High Court CR. MISC. No.22421 of 2019(2) dt.11-04-2019 2/3 condition which was confirmed through breath analyzer. Accordingly, a seizure list was prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history, no overt act has been committed and is languishing in judicial custody since 08.09.2018. Charge sheet has already been submitted, there being no allegation of tampering with the prosecution witnesses. He submits that co-accused apprehended along with the petitioner on more serious allegation has been granted privilege of bail by a coordinate Bench of this Court in Cr. Misc. No. 5168 of 2019, dated 30.01.2019.

However, the learned Additional Public Prosecutor for the State opposes the prayer for bail.

Considering the nature of allegations, the period of custody and that the petitioner does not bear any criminal antecedent, as stated in paragraph 3 of the present application, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Special Case No. 8274 of 2018 arising out of Chowk P.S. Case No. 344 of 2018 to the satisfaction of the learned Special Judge, Excise, Patna, or the successor Court subject to the condition that one

Patna High Court CR. MISC. No.22421 of 2019(2) dt.11-04-2019 3/3 of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

(Nilu Agrawal, J) Shamshad/- U T