Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23126 of 2019 Arising Out of PS. Case No.-326 Year-2018 Thana- PHULWARISHARIF District- Patna ====================================================== Sonu Kumar Son of Shiv Kumar Sharma @ Khalifa Resident of VillageBabhanpura, P.S.- Phulwarisharif, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Usha Kumari Singh For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-05-2019 Counsel for the petitioner is permitted to make necessary correction in paragraph 1 of the petition in course of the day.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 341, 323, 307/34 of the Indian Penal Code and 27 of the Arms Act. Later on, Section 302 of I.P.C. has been added. Allegation is that on 1.5.2018 informant's son Vishnu Kumar had gone in a marriage ceremony. Around 3 0'clock in the night the informant received a telephonic call that some unknown persons have fired upon his son and his treatment is going on in Paras Hospital. The informant with his elder son reached there and saw that treatment of his son is going on.

Patna High Court CR. MISC. No.23126 of 2019(3) dt.07-05-2019 2/2 It has been submitted on behalf of the petitioner that the petitioner is in custody since 26.10.2018. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. His name has come on confessional statement of co-accused. Except for this, there is no substantive evidence to suggest his implication in the present case. There is no eye witness to the alleged occurrence.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge XV, Patna in connection with Sessions Trial No.145 of 2019 arising out of Phulwarisharif P.S. case No.326 of 2018.

(Sudhir Singh, J) Narendra/- U T