Sonu Kumar @ Sonu Gope v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18727 of 2020 Arising Out of PS. Case No.-383 Year-2019 Thana- CHANDI District- Nalanda ====================================================== Sonu Kumar @ Sonu Gope S/o Shankar Yadav R/o village- Mehandi Bigha, P.S.- Chandi, District- Nalanda at Biharsharif ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Shanker Pankaj, Advocate For the Opposite Party/s :

Mr.Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-06-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Chandi P.S. Case No. 383 of 2019 G.R. No. 2265/19, registered for the offence punishable under Section 392 of the Indian Penal Code. As per prosecution case, while the informant after closing his shop, was going on motorcycle along with two persons, on the way, four miscreants boarded on two motorcycle, arrived there and pushed his motorcycle and on the point of gun looted away cash of Rs. One lakh, two mobiles and gold and key of the shop.

Patna High Court CR. MISC. No.18727 of 2020(2) dt.03-06-2020 2/3 It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case by the police. There is amendment in the FIR by which name of this petitioner was added. Name of this petitioner has come in this case on the basis of confessional statement of co-accused. No incriminating article has been recovered from possession of this petitioner. No test identification parade has been held till date. Chargesheet has already been submitted. Petitioner is in custody since 23.01.2020.

Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged 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 learned Additional Chief Judicial Magistrate Ist, Hilsa Nalanda in connection with Chandi P.S. Case No. 383 of 2019 G.R. No. 2265 of 2019 subject to following conditions:- (i) The 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

Patna High Court CR. MISC. No.18727 of 2020(2) dt.03-06-2020 3/3 (ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T