Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75188 of 2018 Arising Out of PS. Case No.-519 Year-2018 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== Sonu Kumar, Son of Jiyalal Ray, Resident of Village- Madhopur Susta, Police Station- Maniyari, District- Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Upendra Kumar Chaubey For the Opposite Party/s :

Mr. Smt. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 17-12-2018 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Muzaffarpur Sadar P.S. Case No. 519 of 2018 registered for the offence punishable under Sections 399, 402, 414 and 328 of the Indian Penal Code and Section 25(1-b) (a) 26/35 of the Arms Act.

Informant is the Police Officer, who in his written complaint has stated that when he was on patrolling duty, received an information that near Susta Railway Station 4-5 miscreants have assembled to commit some grave crime and on receiving such information, he reached there and on seeing police, miscreants assembled there tried to escape but four of

Patna High Court Cr.Misc. No.75188 of 2018(2) dt.17-12-2018 2/3 them were arrested and one managed to escape. On search one knife and three Patta of Alprazon has been recovered from the possession of Petitioner.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. Similarly placed co-accused, namely, Vinay Kumar has been granted bail by this Hon'ble Court as contained in Annexure-2 and other co-accused, namely Manish Yadav has also been granted bail by this Hon'ble Court vide order dated 26.11.2018 passed in Cr. Misc. No. 65878 of 2018. Petitioner has no criminal antecedent and he is in custody since 11.07.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur, in connection with Muzaffarpur Sadar P.S. Case No. 519 of 2018 subject to the conditions that:-

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

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at

Patna High Court Cr.Misc. No.75188 of 2018(2) dt.17-12-2018 3/3 liberty to cancel his bail bond.

(3) 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.

(S. Kumar, J) veena/- U T