Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27494 of 2025 Arising Out of PS. Case No.-8 Year-2025 Thana- Kavaiya District- Lakhisarai ====================================================== Sonu Kumar S/O Upendra Mistri @ Upendra Ram R/O Mohallah- Pachna Road, by-pass More, Ward No. 17, P.S- Kabiya, Dist. - Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar, Adv For the Opposite Party/s :

Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 16-07-2025 Heard learned Counsel for the petitioner and learned A.P.P for the State.

2. The petitioner seeks regular bail in a case registered for the offences punishable under Sections 303(2), 317(4) and 318(2) of the B.N.S.

3. As per the prosecution case, the petitioner and the co-accused person Sanjeet Yadav were apprehended by the informant with a motorcycle. On inquiry, they disclosed that the motorcycle is a stolen one and further they also disclosed the name of their accomplice as Banti Kumar. Accordingly, the FIR has been lodged as they did not produce any valid paper regarding the said motorcycle.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.27494 of 2025(3) dt.16-07-2025 2/3 this case. It is further submitted that there is no independent witness to the seizure list. It is next submitted that the charge sheet has already been submitted. It is also submitted that similarly situated co-accused person, namely, Sanjeet Yadav, has already been granted bail by a co-ordinate Bench of this Court vide order dated 14.05.2025 passed in Cr. Misc. No 28905 of 2025. It is lastly submitted that the petitioner has one criminal antecedent and is in custody since 11.01.2025.

5. Learned APP for the State has vehemently opposed the prayer for bail of the petitioner

6. Considering the aforesaid submissions of the parties, let the petitioner above-named, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Lakhisarai in connection with Kabaiya P.S. Case No. 08 of 2025, subject to the following conditions:- (i) One of the bailors will be close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court.

(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be canceled by the Court concerned.

(iv) If the petitioner is found involved in similar nature of offence in future, the prosecution

Patna High Court CR. MISC. No.27494 of 2025(3) dt.16-07-2025 3/3 will be at liberty to move for cancellation of his bail bond.

(v) The learned Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

7. The application stands allowed.

(Sourendra Pandey, J) Jyoti/- U T