Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28264 of 2022 Arising Out of PS. Case No.-26 Year-2020 Thana- KONCH District- Gaya ====================================================== 1.

SONU KUMAR S/o Sanjay Rawani @ Sanjay Ram R/o village- Sonhathu, P.S.- Haspura, Distt.- Aurangabad, Bihar 2.

Pankaj Kumar S/o Girjapal R/o village- Channath, P.S.- Haspura, Distt.- Aurangabad, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anmol Kumar, Advocate For the Opposite Party/s :

Mr.Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 23-08-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek bail in a case registered for the offence under Section 394 of the Indian Penal Code. The informant lodged the case against four unknown persons and alleged that accused persons at the point of pistol snatched Rs.70,000/-.

Learned counsel appearing for the petitioners submits that in fact the petitioners are not named in the FIR. The name

Patna High Court CR. MISC. No.28264 of 2022(2) dt.23-08-2022 2/3 of the petitioners has been transpired on the basis of the confessional statement of the co-accused and self-confessional statement of the petitioners. Further submits that nothing has been recovered from conscious possession of the petitioners and till date no TIP has been conducted by the prosecution and the police, after investigation, submitted chargesheet against the petitioners and the petitioners are in custody since 10.12.2021. Learned A.P.P. for the State has opposed the prayer for bail of the petitioners and submits that the petitioners carry one more case other than the present one.

Considering the facts and circumstances of the case, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Konch P.S.Case No. 26 of 2020 with the following conditions:-

(1) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled by the Court below.

Patna High Court CR. MISC. No.28264 of 2022(2) dt.23-08-2022 3/3

(2) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioners. 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.

(Rajesh Kumar Verma, J) Nitesh/- U T