Patna High CourtCR. MISC./20305/2022bail granted

Sonu Kumar v. The State Of Bihar

2022-07-19Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20305 of 2022 Arising Out of PS. Case No.-11 Year-2022 Thana- BAUNSI District- Banka ====================================================== 1.

SONU KUMAR Son of Sumit Kumar @ Subit Mandal @ Subodh Mandal Resident of village - Samraspur, P.S.- Lodipur, District - Bhagalpur. 2.

Biro Kumar @ Birendra Kumar Son of Gajablal Mandal Resident of village - Samraspur, P.S.- Lodipur, District - Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr. Suresh Pd. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 19-07-2022 The learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioners and the State. Petitioners seek regular bail in a case registered for the offence punishable under Sections 379, 411 of the Indian Penal Code. As per allegation, petitioners were found breaking lock of the informant's house and in the meantime, police party arrived and petitioners were apprehended and the tools used in breaking the lock were also seized from their possession.

The main submissions advanced by the learned counsel for the petitioners are that alleged act of the petitioners mainly attract section 379/511 of the Indian Penal Code as according to the

Patna High Court CR. MISC. No.20305 of 2022(2) dt.19-07-2022 2/2 allegation petitioners were only found attempting to commit the offence of theft. Further submission is that petitioners have been languishing in jail since 16.1.2022 and they have criminal antecedent of one case each in which they are on bail.

Learned APP has opposed the prayer for bail.

In the light of above submissions, in my view, a lenient approach may be taken in respect of the petitioners. Let the petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Banka in Bounsi P.S Case No. 11 of 2022.

(Shailendra Singh, J) s.hassan/- U T