Sonu Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21508 of 2022 Arising Out of PS. Case No.-317 Year-2021 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== SONU KUMAR RAI S/o Ram Babu Rai @ Ram Baboo Roy Resident of Village- Rampur Bhikhanpura, P.S.- Sahebganj, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Ranjan For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 20-07-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Sahebganj P.S. Case No. 317/2021 registered for the offences punishable under Sections 25(1-b)a, 26 of the Arms Act. As per prosecution case, there is alleged recovery of one country made pistol and one live cartridge from the possession of the petitioner. The petitioner was apprehended on the spot.

Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. The petitioner is languishing in custody since 03.07.2021

Patna High Court CR. MISC. No.21508 of 2022(2) dt.20-07-2022 2/3 and bears criminal antecedent of eight cases. The falsity of the present case is very much clear that it is specifically stated in the FIR that the petitioner was an accused in Sahebganj P.S. Case No. 215/2020 but till the date of filing of the rejection of the bail application by the learned Court below, the petitioner was not remanded in the above case. Charge sheet has been submitted in this case and there is no likelihood of tampering with the prosecution evidence. He further submits that without having any cogent evidence, the petitioner has falsely been implicated in the cases as mentioned in para 3 of the bail petition in routine manner and almost all the cases have been registered between the year 2020-21.

The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, period of custody, charge sheet has already been submitted in this case and there is no likelihood of tampering with the prosecution evidence and also taking into consideration the material available on record, let the petitioner above named be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-

Patna High Court CR. MISC. No.21508 of 2022(2) dt.20-07-2022 3/3 1st (West) Muzaffarpur, in connection with Sahebganj P.S. Case No. 317/2021, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) 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.

(iv) Petitioner shall furnish mobile number at the time of furnishing bail bond and the said mobile number shall continue in operating condition till disposal of the case and he shall get his presence marked before the officer-in-charge of the concerned police station on the first Tuesday of every month. (Alok Kumar Pandey, J) amitkumar/- U T