Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24315 of 2023 Arising Out of PS. Case No.-304 Year-2022 Thana- CHHAURADANO District- East Champaran ====================================================== SONU KUMAR S/O RAM KALESH PRASAD @ RAM KALESH RAY @ KAULESH BAWD R/O Village- Vishunpurwa Jitpur, P.S- Chhauradano, Distt.- East Champaran, Motihari.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar, Advocate For the Opposite Party/s :

Ms. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-05-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Chhauradano P.S. Case no. 304 of 2022 registered under section 392 of the Indian Penal Code.

3. As per the prosecution case, while the informant was returning carrying Rs. 8,85,000/- in cash having collected the money from market, it is stated that three accused persons on a motorcycle tried to stop him and on his not stopping they dashed their motorcycle against his vehicle. They took away his motorcycle as also the amount that he was carrying.

4. Learned counsel for the petitioner submits that the FIR was registered against three unknown. Referring to the order of the learned trial court, learned counsel submits that the petitioner was arrested merely on the basis of an unsubstantiated suspicion and the prosecution is trying to rely on the alleged confessional statement of

Patna High Court CR. MISC. No.24315 of 2023(2) dt.18-05-2023 2/2 the petitioner made before police. No incriminating article has been recovered from the petitioner's possession. Inspite of the petitioner being in custody since 19.11.2022, he has not been put on T.I. parade. Chargesheet has been submitted in the case.

5. Heard learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the fact that no incriminating article has been recovered from the petitioner's possession, his being in custody for more than 5 months since 19.11.2022 and chargesheet having been submitted in the case without putting him on T.I. parade, the petitioner is directed to be enlarged on bail in connection with Chhauradano P.S. Case no. 304 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Raxaul at Motihari, East Champaran. (Partha Sarthy, J) Spd/- U T