Sonu Kumar @ Sonu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19514 of 2022 Arising Out of PS. Case No.-167 Year-2021 Thana- JANDAHA District- Vaishali ====================================================== Sonu Kumar @ Sonu Son Of Satya Narayan Singh @ Narayan Singh R/O 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, Advocate For the Opposite Party/s :
Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 05-08-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.
Heard learned counsel for the petitioner and learned APP for the State in virtual court proceeding. Petitioner seeks bail in a case registered for the offences punishable under Sections 414, 399, 402 of the Indian Penal Code and Sections 25(1-b), a, 26, 35 of the Arms Act. One steel knife, one fighter and smart card of motorcycle were recovered from the possession of the petitioner.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. He further submits that it appears from the F.I.R. as well as seizure
Patna High Court CR. MISC. No.19514 of 2022(2) dt.05-08-2022 2/3 list that one knife, one fighter and smart card have been recovered from the possession of the petitioner. Learned counsel for the petitioner further submits that no case is made out against the petitioner under the Arms Act and the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 10.08.2021. Learned APP for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries two more cases other than the present one.
Considering the facts and circumstances of the case, 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 to the satisfaction of learned Court below where the case is pending in connection with Jandaha P.S. Case No. 167 of 2021, with the following conditions :-
(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
Patna High Court CR. MISC. No.19514 of 2022(2) dt.05-08-2022 3/3 witness, in that case, the prosecution will be at liberty to move for cancellation of bail.
(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Ibrar//- U T