Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32915 of 2021 Arising Out of PS. Case No.-146 Year-2019 Thana- DEWARIA District- Muzaffarpur ====================================================== SONU KUMAR SON OF CHUMAN PANDEY Resident of Village - Bishunpur Saraiya, P.S.- Deoria, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Yashraj Bardhan, Adv For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 08-03-2022 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Deoria P.S.Case No.146 of 2019, registered for the offence under Section 392 of IPC.

As per prosecution case, it is a case of snatching of a bike and one mobile of the informant at the Gun point. Learned counsel appearing for the petitioner submits that the petitioner is not named in the FIR. He has falsely been implicated in the present case only on the basis of the confessional statement of co-accused, namely, Raushan Kumar and Md. Mumtaz. He further submits that nothing has been recovered from the conscious possession of the petitioner. Till date no T.I. Parade has been conducted by the prosecution. He

Patna High Court CR. MISC. No.32915 of 2021(5) dt.08-03-2022 2/3 further submits that co-accused, namely, Md. Mumtaz has been granted bail by this Hon'ble Court vide order dated 10.12.2021 in Cr.Misc. No.45400 of 2021 and the petitioner is in custody since 01.02.2021.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries one more case other than the present one.

Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Muzaffarpur in connection with Deoria P.S.Case No.146 of 2019 with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall

Patna High Court CR. MISC. No.32915 of 2021(5) dt.08-03-2022 3/3 verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T