Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37665 of 2021 Arising Out of PS. Case No.-273 Year-2020 Thana- PARSABAZAR District- Patna ====================================================== SONU KUMAR S/o Satish Kumar Residance- Vill- New Jakkanpur, P.S.- Jakkanpur, Dist- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brajesh Kumar Singh Mr.Vishal Vikram Rana For the Opposite Party/s :

Mr.Arvind Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-04-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Parsa Bazar Police Station Case No. 273 of 2020, registered for the offences punishable under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case, as per the First Information Report, is that two persons came at the house of the informant, called her husband and shot him, resulting into his death. Learned Counsel for the petitioner submits that the informant has disclosed the names of Kedi Nonia and Arvind Nonia, in the First Information Report, as the persons who fired upon her husband and the petitioner has been implicated in this

Patna High Court CR. MISC. No.37665 of 2021(3) dt.06-04-2022 2/3 case on the basis of the confessional statement of co-accused Satyendra Kumar @ Bhola. He next submits that the petitioner has been remanded in this case from Jakkanpur Police Station Case No. 353 of 2020 and is in custody in this case since 20.03.2021.

On the other hand, learned Additional Public Prosecutor for the State, referring to the contents of the case diary, submits that during the course of investigation and on the basis of the CCTV footage, it has come to light that the motorcycle, on which the killer was sitting, was being driven by the petitioner and Satyendra Kumar @ Bhola, while sitting on the said motorcycle, fired upon the husband of the informant. Accordingly, the submission is that there was active participation of the petitioner in the alleged occurrence. He also submits that the petitioner has criminal antecedent too. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the materials on record and the fact that the petitioner was identified in the CCTV footage and was driving the motorcycle, on which the killer was sitting, I am not inclined to grant regular bail to the petitioner, at this stage.

This application is, accordingly, dismissed.

Patna High Court CR. MISC. No.37665 of 2021(3) dt.06-04-2022 3/3 However, the petitioner may renew his prayer for bail after one year from today, if the trial does not show any progress.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √