Patna High CourtCR. MISC./25283/2024bail granted

Sonu Kumar v. The State Of Bihar

2024-04-09Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25283 of 2024 Arising Out of PS. Case No.-203 Year-2023 Thana- KORHA District- Katihar ====================================================== Sonu Kumar, age-23 years, Male Son of Villat Sah, Resident of Fulwariya Chowk, P.S. Korh, District- Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Singh, Advocate Ms. Neha Rani, Advocate For the Opposite Party/s :

Mr. Binod Kumar No.3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 09-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Korha P.S. Case No. 203 of 2023 instituted for the offences punishable under Section 392 the Indian Penal Code.

3. As per the prosecution case, two miscreants on motorcycle stopped informant and his partners and on fear of arms took away Rs. 42,000/- from the possession of the informant. The miscreants also snatched the mobile of the driver and key of the vehicle and threw it into the bush thereafter they also took away Rs. 35,000/- from Santosh Sah and Chandan Sah.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.25283 of 2024(2) dt.09-04-2024 2/3 petitioner is innocent and has committed no offence and has falsely been implicated in this case only on the basis of suspicion. Petitioner is not named in the FIR. The name of the petitioner has been surfaced in the confessional statement of accused person in another case. Petitioner has not been put on Test Identification parade and nothing has been recovered from the conscious possession of the petitioner. Petitioner is in custody since 08.12.2023.

5. Learned APP opposes the prayer for bail.

6. From perusal of the FIR and the impugned order of the learned Sessions Judge, Katihar dated 01.03.2024, it appears that the FIR has been lodged against unknown persons and the name of the petitioner has been surfaced from confessional statement of co-accused in another case and investigation has already been concluded as stated by learned counsel for the petitioner. Similarly situated co-accused person has been granted bail by this Court in Cr. Misc. No. 24399 of 2024 vide order dated 05.04.2024, accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate,

Patna High Court CR. MISC. No.25283 of 2024(2) dt.09-04-2024 3/3 Katihar in connection with Korha P.S. Case No. 203 of 2023.

7. The trial Court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen days) from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the petitioner shall be released on bail on above conditions and he shall be present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) Anand Kr.

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