Sonu Kumar @ Sonu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19783 of 2022 Arising Out of PS. Case No.-159 Year-2021 Thana- JANDAHA District- Vaishali ====================================================== SONU KUMAR @ SONU Son of Satya Narayan Singh @ Narayan Singh Resident of Village - Naurangabad, Jitan Chowk, P.S.- Hajipur Sadar, District - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjit Kumar Thakur, Adv.

For the Opposite Party/s :

Mr.Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-01-2023 Heard the learned counsel for the petitioner and the learned APP for the State, Sri Madhura Nand Jha.

The petitioner seeks regular bail in connection with Jandaha P.S. Case No. 159/2021, registered for the offence punishable under Section 392 of the Indian Penal Code.

The case of the prosecution, in brief, according to the informant, is that on 27.7.2021 at about 5:15 in the morning, he was going to attend to his duties on his motorcycle, however, when he had reached near village Chakfatan High School at NH-322, three unknown miscreants,

Patna High Court CR. MISC. No.19783 of 2022(3) dt.03-01-2023 2/3 riding on a motorcycle, had arrived from behind and intercepted the informant, whereafter they had, on pistol point, snatched his motorcycle, his mobile phone and a sum of Rs. 1500/- from his person.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is languishing in custody since 14.9.2021. The learned counsel for the petitioner has further submitted that though the petitioner is an accused in two other criminal cases, but he is on bail in one of them. It is further submitted that no Test Identification Parade has been held till date so as to connect the petitioner with the alleged crime, apart from the fact that no recovery of any looted articles have been made from the conscious possession of the petitioner. Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the

Patna High Court CR. MISC. No.19783 of 2022(3) dt.03-01-2023 3/3 submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the materials available in the case diary, this Court finds that there is minuscule evidence qua the petitioner herein, apart from the fact that he is languishing in custody since more than one year, hence, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Vaishali at Hazipur in connection with Jandaha P.S. Case No. 159/2021. (Mohit Kumar Shah, J) Ajay/SonalU T