Sonu Kumar @ Sonu Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31082 of 2023 Arising Out of PS. Case No.-273 Year-2020 Thana- KANTI District- Muzaffarpur ====================================================== SONU KUMAR @ SONU SAHNI son of Late Lakhindra Sahni VillageKolhua Paigambarpur, Imli Chowk Dadar Ps- Ahiyapur Dist- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan No.Ii For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 399, 411 and 402 of the IPC, Sections 8, 20 and 22 of the NDPS Act and Sections 25(1b)a, 26 and 35 of the Arms Act. As per prosecution case, the accused persons have assembled and they are planning for committing offence. On secret information received, the police party reached at that place and apprehended four persons. Thereafter, on search, one loaded country-made pistol and Ganja have also recovered from the possession of co-accused persons.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has

Patna High Court CR. MISC. No.31082 of 2023(2) dt.24-06-2023 2/2 committed no offence. Petitioner has not apprehended on spot. The name of the petitioner has come into light, on the basis of confessional statement of co-accused, who arrested on spot, which has got no evidentiary value in the eyes of law. No incriminating articles have been recovered from the conscious possession of the petitioner. He further submitted that the other co-accused has already been granted bail by this Bench vide order dated 03.02.2023 passed in Cr. Misc. No. 60018 of 2022. He is languishing in judicial custody since 28.06.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as the period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge, Muzaffarpur in connection with Kanti P.S. Case No. 273 of 2020.

(Sunil Kumar Panwar, J) arish/- U T