Sonu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28806 of 2021 Arising Out of PS. Case No.-14 Year-2020 Thana- DEWARIA District- Muzaffarpur ====================================================== Sonu Kumar Son of Chuman Pandey Resident of Village- Vishunpur Saraiya, P.S.- Deoria, District- Muzaffarpur.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Yashraj Bardhan For the Opposite Party/s :
Mr.Md.Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.
10-08-2021 Heard learned counsel for the parties through video conferencing.
The petitioner seeks bail in Deoria P.S. Case No. 14 of 2020, registered for the offence under Sections 399, 402 of the Indian Penal Code and Sections 25(1-b)a, 25, 35 of the Arms Act.
On a secret information that a group of criminals have assembled to commit some crime, a raid was conducted and five persons were apprehended with arms and ammunition, who disclosed the name of petitioner, as one of the person, who fled away from there after seeing the police.
It is submitted on behalf of petitioner that petitioner has not been arrested on the spot and he has been made accused only on the basis of confessional statement of apprehended
Patna High Court CR. MISC. No.28806 of 2021(2) dt.10-08-2021 2/2 accused persons. No arms or ammunition has been recovered from the possession of the petitioner. Petitioner is in custody since 09.01.2021.
Learned A.P.P. for the State has opposed the bail petition.
Considering the aforesaid facts and circumstances, the bail petition of petitioner is allowed. Let the above named petitioner 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 learned Judicial Magistrate 1st Class, Muzaffarpur in connection with Deoria P.S. Case No. 14 of 2020, on the following conditions:
"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, 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 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."
(Prabhat Kumar Singh, J.) anay U T