Sonu Kumar Saphi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22459 of 2025 Arising Out of PS. Case No.-109 Year-2024 Thana- KHUTAUNA District- Madhubani ====================================================== Sonu Kumar Saphi S/o Bhutai Saphi R/o Village- Laukahi, Ward No.2, P.S.- Laukahi, District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Lakshmindra Kumar Yadav, Advocate For the Opposite Party/s :
Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-04-2025 Heard learned counsel for the petitioner and learned APP for the State.
2.
The petitioner seeks bail in connection with Khutauna P.S. Case No. 109 of 2024, instituted for the offences punishable under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023.
3.
The prosecution case, in short, is that, motorcycle of the informant was stolen by some unknown miscreants from the parking of CHC, Khutauna.
4.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. Learned counsel for the petitioner also submits that the
Patna High Court CR. MISC. No.22459 of 2025(2) dt.04-04-2025 2/2 petitioner is not named in the FIR. Name of the petitioner has transpired in this case on the basis of confessional statement made by co-accused, namely, Khutauna and the same has got no evidentiary value. It is further submitted that no any recovery of stolen item has been made from the possession of the petitioner. The petitioner is in custody since 17.10.2024 and has got two criminal antecedents in which he is on bail. Other co-accused has been granted bail by this Court vide order dated 27-02-2025, passed in Cr. Misc. No. 10314 of 2025.
5.
Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.
Considering the aforesaid facts and circumstances of the case, claim based on parity and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7.
Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Khutauna P.S. Case No. 109 of 2024.
(Rudra Prakash Mishra, J) Raj Kishore/- U T