Sonu Kumar @ Dangal Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19003 of 2025 Arising Out of PS. Case No.-294 Year-2024 Thana- GARKHA District- Saran ====================================================== Sonu Kumar @ Dangal Rai Son of Sanjay Sharma @ Sanjay Thakur Resident of Village - Murli Sirisiya, P.S - Bheldi, District - Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Hemant Kumar, Advocate For the Opposite Party/s :
Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-04-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Garkha P.S. Case No. 294 of 2024 instituted for the offences under Sections 399, 402 of the Indian Penal Code and 25(1-b)a, 26, 35 of the Arms Act.
3. Prosecution case, in short, is that, the police, on the basis of secret information that some miscreants were planning to commit dacoity, raided the place of occurrence and apprehended accused persons including this petitioner. It is further alleged that one mobile phones has been recovered from
Patna High Court CR. MISC. No.19003 of 2025(2) dt.07-04-2025 2/3 this petitioner.
4. Learned counsel for the petitioner submitted that the petitioner is innocent and has falsely been implicated in the present case due to high handedness of police. Learned counsel further submitted that except mobile phone, no any arms or ammunitions has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that the arms have been recovered from the co-accused person and this petitioner has got no concern with the alleged recovery. There is no compliance of Section 103 of the BNSS. It has been submitted on behalf of the petitioner that the petitioner is in custody since 27.05.2024 and has one criminal antecedent. The co-accused person has already been granted bail by this Court vide order dated 13.11.2024 passed in Cr. Misc. No. 79872 of 2024.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, claim based on parity as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
Patna High Court CR. MISC. No.19003 of 2025(2) dt.07-04-2025 3/3 bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Garkha P.S. Case No. 294 of 2024.
(Rudra Prakash Mishra, J) Alok Verma/- U T