Ujjwal Soni @ Shubhanshu Soni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27208 of 2023 Arising Out of PS. Case No.-333 Year-2021 Thana- HATHUA District- Gopalganj ====================================================== Ujjwal Soni @ Shubhanshu Soni Son Of Din Dayal Soni R/V- Hathua Bazar, Ps- Hathua Dist-Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s :
Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 25-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Hathua P.S. Case No. 333 of 2021 dated 14.12.2021, instituted for the offence punishable under Sections 394, 302 of the Indian Penal Code and Section 27 of the Arms Act.
3. The prosecution case, in brief, is that on 12.12.2021 at about 7:15 pm, three unknown miscreants snatched mobile phone of informant's son. It is further alleged that informant's second and younger sons chased the miscreants on which they fired gun shot which hit to the abdomen of informant's younger son and he succumbed to death on 14.12.2021.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he is falsely implicated in this case. It
Patna High Court CR. MISC. No.27208 of 2023(2) dt.25-05-2023 2/2 is further submitted that petitioner is not named in the F.I.R. and he has been made accused in this case only on the basis of confessional statement of Golu Kumar and Sagar Kumar who have already been granted bail by a Co-ordinate Bench of this Court vide Criminal Miscellaneous No. 33153 of 2023 and Criminal Miscellaneous No. 46236 of 2022 on 23.02.2023 respectively. Lastly, it has been submitted that the petitioner is in custody since 13.03.2023 having no criminal antecedents and charge-sheet has been submitted in the case.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj in Hathua P.S. Case No. 333 of 2021. (Khatim Reza, J) Sankalp/- U T