Patna High CourtCR. MISC./31109/2020bail granted

Sonu @ Sumit Kumar v. The State Of Bihar

2021-01-25Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31109 of 2020 Arising Out of PS. Case No.-954 Year-2015 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ============================================== SONU @ SUMIT KUMAR S/o Shri Indra Bhusan Singh Resident of Village-Katra, P.S.-Katra, District-Muzaffarpur. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Prakash Chandra Jha, Adv For the Opposite Party/s :

Ms. Sucheta Yadav, APP ============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 25-01-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Sessions Trial No. 616/16 arising out of Muzaffarpur Nagar P.S. Case No.954 of 2015 instituted for the offences under Sections 392 and 302 of the Indian Penal Code. The petitioner is not named in the First Information Report and his name has transpired in the case only on the basis of confession of one Ankit Kumar.

Learned counsel for the petitioner has submitted that the said Ankit Kumar has been granted bail. Except for the confession, it has been urged that there is no other material to connect the petitioner with the crime and nothing incriminating has been recovered from the possession of the

Patna High Court CR. MISC. No.31109 of 2020(2) dt.25-01-2021 2/2 petitioner. The petitioner has also not been put on Test Identification Parade. Some of the other similarly situated accused persons have been granted bail.

He is in custody since 17.02.2020. There is no substantial progress in the trial before the Court below. Considering the afore-stated facts, the petitioner, above named, is directed to be released 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 7th Additional Sessions Judge, Muzaffarpur, in connection with Sessions Trial No. 616/16 arising out of Muzaffarpur Nagar P.S. Case No.954 of 2015. However, it is made clear that the petitioner shall participate and his absence from trial proceedings on two consecutive occasions without seeking prior permission of the Trial Court would render the bail granted to the petitioner liable to be cancelled.

(Ashutosh Kumar, J) sunilkumar/- U T