Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1441 of 2019 Arising Out of PS. Case No.-371 Year-2018 Thana- PHULWARISHARIF District- Patna ====================================================== Sonu Kumar, Son of Shiv Kumar Sharma Resident of Village - Babhanpura, P.S.- Phulwari, Distt - Patna.

... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Anuj Kumar For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL JUDGMENT Date : 25-04-2019 Heard learned counsel for the appellant and learned Spl. PP for the State.

This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the refusal of prayer for bail vide order dated 09.03.2019 passed by learned Special Judge (SC/ST Act), Patna in Phulwarisharif P.S. Case No. 371 of 2018 registered under Section 302/34 of the Indian Penal Code, Section 27 of the Arms Act and Section 3(r)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Patna High Court CR. APP (SJ) No.1441 of 2019 dt.25-04-2019 2/3 Husband of the informant is said to have been gunned down by some unknown accused persons. Name of the appellant surfaced in the case during the course of investigation on the basis of the confessional statement of the appellant and two other accused persons.

It is submitted by learned counsel for the appellant that no such occurrence as alleged ever took place. Appellant has no concern with the aforesaid occurrence. He has been falsely implicated in the case. Appellant is neither named in the F.I.R. nor any incriminating article has been recovered from his conscious physical possession. There is nothing cogent in the record indicating the complicity of the appellant in the occurrence barring confessional statement of co-accused Abhishek Kumar and Satendra Kumar and the appellant himself which has no evidentiary value in the eye of law. Appellant has been languishing in custody since 14.12.2018. Learned Spl. PP for the State opposed the prayer for bail.

In the facts and circumstances of the case, the above named appellant is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the

Patna High Court CR. APP (SJ) No.1441 of 2019 dt.25-04-2019 3/3 learned Special Judge (SC/ST Act), Patna in connection with Phulwarisharif P.S. Case No. 371 of 2018.

Accordingly, the impugned order is set aside and appeal is allowed.

(Prakash Chandra Jaiswal, J) mantreshwar/- AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 26.04.2019 Transmission Date 26.04.2019