Sonu Kumar @ Sonu Rock @ Rock v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36608 of 2021 Arising Out of PS. Case No.-319 Year-2019 Thana- SITAMARHI District- Sitamarhi ====================================================== Sonu Kumar @ Sonu Rock @ Rock, Son of Ram Sagar Singh Resident of Village - Adhgain, P.S. - Parihar, District - Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Virendra Kumar For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

16-09-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Sitamarhi P.S. Case No. 319 of 2019, registered for the offence under Section 307/34 of the Indian Penal Code and Section 27 of the Arms Act. As per the prosecution case, on 03.06.2019 at about 20.55 hrs., while the informant was sitting in his medical shop, two miscreants, riding on two motorcycles, came there and made indiscriminate firing on the informant, but the bullet missed the target and crossing the glass counter injured a customer. Thereafter, F.I.R. was lodged against unknown persons.

Petitioner is not named in the FIR. Name of the petitioner has come in the confessional statement of co-accused

Patna High Court CR. MISC. No.36608 of 2021(2) dt.16-09-2021 2/2 Om Prakash. No incriminating article has been recovered from the possession of the petitioner and till date, petitioner has not been put on TIP. Chargesheet has already been submitted and there is no allegation of tampering with the evidence against this petitioner. Petitioner is in custody since 06.11.2020. However, learned A.P.P. for the State opposed the bail petition and submitted that petitioner has got criminal antecedent and he is accused in altogether ten more cases, as per statement made in paragraph - 3 of the petition. Considering the aforesaid facts and circumstances as well as materials available on record, I am not inclined to grant bail to the petitioner.

However, once charge is framed and trial commences, the petitioner shall be released on bail by the learned trial court to its own satisfaction and on the condition that he will cooperate in disposal of trial and appear before the trial court, as and when required.

(Prabhat Kumar Singh, J.) anay U T