Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21913 of 2022 Arising Out of PS. Case No.-638 Year-2021 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== 1.

SONU KUMAR S/o Shyam Narayan Thakur @ Shyam Thakur Resident of Village- Matihani, P.S.- Matihani, District- Begusarai. 2.

Gaurav Kumar S/o Shyam Narayan Thakur @ Shyam Thakur Resident of Village- Matihani, P.S.- Matihani, District- Begusarai. 3.

Manisha Kumari D/o Shyam Narayan Thakur @ Shyam Thakur Resident of Village- Matihani, P.S.- Matihani, District- Begusarai. 4.

Munni Devi W/o Shyam Narayan Thakur @ Shyam Thakur Resident of Village- Matihani, P.S.- Matihani, District- Begusarai. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binod Kumar, Advocate For the Opposite Party/s :

Mr.Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-07-2022 Heard learned counsel for petitioners and learned counsel for the State.

Petitioners, who are in custody, seek bail in a case registered for the offences punishable under Sections 216-A of the Indian Penal Code and 25(1-b)a, 26, 35 of the Arms Act. Allegation is recovery of one country made Katta and two live bullets from the house of petitioner no. 4 (Munni Devi) and three petitioners were also present in that house and all are family members.

It has been submitted on behalf of the petitioners

Patna High Court CR. MISC. No.21913 of 2022(2) dt.18-07-2022 2/3 that they are innocent and have been falsely implicated in this case due to high handedness of police. Nothing has been recovered from them. It has been further submitted that coaccused Shashi Thakur who was said to be notorious criminal is the son of Munni Devi and who lives separately from the petitioners. Petitioners have no criminal antecedents and are in custody since 24.12.2021.

Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai, in connection with Begusarai Muffasil P.S. Case No. 638 of 2021, subject to conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court and their absence on

Patna High Court CR. MISC. No.21913 of 2022(2) dt.18-07-2022 3/3 two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel their bail bonds.

(3) If the petitioners 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 petitioners.

(S. Kumar, J) Rajiv/veenaU