← Library
Patna High CourtCR. MISC./23073/2020bail granted

Sonu Kumar @ Sonu Lal Mahto v. The State Of Bihar

2020-12-05Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23073 of 2020 Arising Out of PS. Case No.-12 Year-2020 Thana- AMAS District- Gaya ====================================================== SONU KUMAR @ SONU LAL MAHTO S/o Moti Lal Mahto Resident of Village- Ivrahimnagar, Dharhara, P.S.- Ara Nagar, Distt- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madanjeet Kumar, Mr. Anil Kumar, Advocates For the Opposite Party/s :

Mr. Bharat Bhushan (A.P.P) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-12-2020 Heard Mr. Madanjeet Kumar, learned counsel for the petitioner and Mr. Bharat Bhushan, Additional Public Prosecutor for the state through video conferencing.

2. Petitioner seeks regular bail in connection with Amas PS Case No. 12/2020 registered for the offence punishable under Sections 414/34 of the IPC and Section 25(1b)a, 26, 35 of the Arms Act.

3. The allegation, as per First Information Report, is that the police after getting secret information, that 14 wheeler cement loaded truck has been brought by four accused persons, proceeded to the place of occurrence and arrested the petitioner and other accused persons and from possession of the petitioner, one loaded pistol, a mobile, a piece of Airtel SIM including a note book have been recovered.

Patna High Court CR. MISC. No.23073 of 2020(5) dt.05-12-2020 2/3

4. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case by the police with an oblique motive. Learned counsel for the petitioner further submits that the petitioner has got criminal antecedent in one case from before. However, after arrest in the present case, police has remanded the petitioner in another case bearing Ara Nagar PS Case 14/2020, in which, the petitioner was arrested with a stolen truck.

5. Learned counsel further submits that petitioner is in custody since 08.01.2020.

6. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact, I am inclined to grant regular bail to the petitioner after completion of one year of custody.

7. Accordingly, let the petitioner, SONU KUMAR @ SONU LAL MAHTO be released on bail, after completion of one year of his custody, on furnishing bail bond of Rs. 25,000/- (Twenty-five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Sherghati, Gaya in connection with Amas PS Case No. 12/2020, subject to the condition that petitioner will be well

Patna High Court CR. MISC. No.23073 of 2020(5) dt.05-12-2020 3/3 represented on each and every date in the trial and if he fails to do so on two consecutive dates, his bail bonds will be liable to be cancelled.

8. It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines of social distancing.

(Anil Kumar Sinha, J) perwez U T