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Patna High CourtCR. MISC./26413/2023bail granted

Sonu Kumar v. The State Of Bihar

2023-05-24Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26413 of 2023 Arising Out of PS. Case No.-25 Year-2023 Thana- RAXAUL District- East Champaran ====================================================== 1.

SONU KUMAR SON OF RAJU MAHTO RESIDENT OF VILLAGEKALA MANDIR @ KALI MANDIR ROAD WARD NO. 10 PSRAXUAL, DISTT- EAST CHAMPARAN 2.

MD. RAJA SON OF MD JAMIL RESIDENT OF VILLAGE- ASHRAM ROAD WARD NO. 9 PS.- RAXUAL DIST- EAST CHAMPARAN ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhannjay Kumar No.2, Advocate For the Opposite Party/s :

Mr. Upendra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 24-05-2023 Heard learned counsel for the petitioners and learned A.P.P for the State.

2. The petitioners seek bail in connection with Raxaul P.S. Case No. 25 of 2023 dated 18.01.2023 registered for the offence punishable under Section 414 of the Indian Penal Code.

3. The prosecution case, in short, is that on 18.01.2023 at about 01:30 P.M. while informant with his team was on patrol duty, apprehended petitioners who tried to flee away on seeing the police team. It is further alleged that petitioners were riding a motorcycle and failed to produce requisite documents.

4. Learned Counsel for the petitioners submits that the

Patna High Court CR. MISC. No.26413 of 2023(2) dt.24-05-2023 2/2 petitioners are innocent and has been falsely implicated in this case. The petitioners have no concern with the alleged motorcycle and were just a passer-by at the place of occurrence and nothing has been recovered from the conscious possession of the petitioners. It is further submitted that petitioners were caught merely on the basis of suspicion. Lastly, it has been submitted that the petitioners are in custody since 19.01.2023, having no criminal antecedent and charge-sheet has been submitted in the case.

5. Learned A.P.P for the State opposes the prayer for bail of the petitioners.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Motihari, East Champaran in connection with Raxaul P.S. Case No. 25 of 2023.

(Khatim Reza, J) prabhat/- U T