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Patna High CourtCR. MISC./35593/2021bail granted

Sone Lal Kumar @ Sonu Yadav @ Sonu Kumar @ Sonelal Yadav v. The State Of Bihar

2021-10-28Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35593 of 2021 Arising Out of PS. Case No.-83 Year-2020 Thana- RAGHOPUR District- Supaul ====================================================== Sone Lal Kumar @ Sonu Yadav @ Sonu Kumar @ Sonelal Yadav S/OBrahmdev Yadav @ Ashok Yadav Resident Of Village- Mahinathpur, Barmotra, Ward No.6, P.S.- Raghopur, District- Supaul ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Nafisuzzoha, Advocate For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-10-2021 Heard learned counsel for the petitioner and the State. Petitioner is seeking regular bail in connection with Raghopur P.S. Case No. 83 of 2020/ Sessions Trial No. 191 of 2020 registered for the offences punishable under Sections 302/394 of the Indian Penal Code and Section 27 of the Arms Act, 1959.

As per the prosecution story, the informant is the wife of the deceased and has alleged that on 23.04.2020 at about 6.00 am her husband had gone to gas agency for distribution of gas cylinders. At about 12.00 pm, she was informed by the villagers that her husband has been shot by four persons and they have fled away taking the bag of money. The informant reached at the said place where she was told that her husband

Patna High Court CR. MISC. No.35593 of 2021(3) dt.28-10-2021 2/3 succumbed to the gunshot injuries while he was on the way to the hospital and the said four persons have taken away the money bag.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Petitioner's name has figured during course of investigation on suspicion. No incriminating article has been recovered from the conscious possession of the petitioner. The cash of Rs.15,200/- belongs to the petitioner and has not been put up on TIP for identification. No one has seen who committed the offence. Petitioner has not been seen in the CCTV footage. He is in custody since 20.6.2020. Learned counsel for the State opposes the prayer for bail and submits that on the confession of the petitioner, looted cash and clothes which were worn by the accused persons have been recovered from the house of the petitioner.

Considering the aforesaid facts and circumstances of the case and the period of custody, prayer for bail of the petitioner is allowed. Let the petitioner, as named above, 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 Additional Sessions Judge IV, Supaul in

Patna High Court CR. MISC. No.35593 of 2021(3) dt.28-10-2021 3/3 Raghopur Police Station Case No. 83 of 2020/ Sessions Trial No. 191 of 2020.

(Prabhat Kumar Singh, J) Shashi U T