Sonu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22416 of 2025 Arising Out of PS. Case No.-51 Year-2023 Thana- KARAKAT District- Rohtas ====================================================== Sonu Kumar S/o Dhanjee Singh R/o vill - Sikariya Chandi Patti, P.S.- Karakat, Distt.- Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar Singh, Advocate For the Opposite Party/s :
Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 27-06-2025 Heard Mr. Manoj Kumar Singh, learned counsel for the petitioner and Mr. Mukesh Kumar Singh, learned Additional Public Prosecutor for the State.
2. Learned counsel for the petitioner is allowed to make necessary corrections in the prayer portion of the bail application during course of the day.
3. Petitioner seeks bail who is in custody since 02.07.2024 in connection with Karakat P.S. Case No. 51 of 2023, F.I.R. dated 25.02.2023 for the offences punishable under Sections 394, 302, 307 and 34 of the Indian Penal Code and Section 27 of the Arms Act.
4. According to prosecution case, two unknown persons entered into the truck where the informant and the driver were sleeping and they assaulted the driver and the informant and also took Rs. 5,000/- from the informant's pocket. It is further alleged that the accused persons fired on the driver due to which he died.
Patna High Court CR. MISC. No.22416 of 2025(3) dt.27-06-2025 2/3
5. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case on the basis of the confessional statement of Gunjan Kumar. He further submits that the petitioner is not named in the F.I.R. and he has not been identified in the TIP. Thereafter, the petitioner has confessed his guilt in the present occurrence. He further submits that the similarly situated coaccused, namely, Gunjan Kumar has been granted bail by this Court vide order dated 14.09.2023 passed in Cr. Misc. No. 50748 of 2023. The petitioner is in custody since 02.07.2024.
6. Learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner on the ground that petitioner carries three criminal antecedents other than the present one but fairly submits on the basis of paragraph 3 of the bail petition that the petitioner is on bail in all the three cases.
7. Considering the aforesaid facts and circumstances that the co-accused person who has confessed the name of the petitioner has been granted bail by this Court, petitioner has not been identified in the TIP as well as period of custody, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
Patna High Court CR. MISC. No.22416 of 2025(3) dt.27-06-2025 3/3 like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Bikramganj in connection with Karakat P.S. Case No. 51 of 2023, subject to the following conditions:- i. 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 absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. 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.
iii. And further condition that the court below shall 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) Vanisha/- U T