Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31746 of 2023 Arising Out of PS. Case No.-10 Year-2023 Thana- TANKUPPA District- Gaya ====================================================== Sonu Kumar Son Of Dharmendra Yadav Resident of Village-Bhagat Chak, P.S-Tankuppa, District-Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deepak Kumar, Adv.

For the Opposite Party/s :

Ms. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 24-06-2023 Heard Mr. Deepak Kumar, learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail, who is in custody in connection with Tankuppa P.S. Case No. 10 of 2023 registered for the offences punishable under Sections 413 and 414 of the Indian Penal Code.

The police in course of patrolling duty while getting secret information with regard to assemblage of some miscreants, rushed to the place of occurrence and apprehended five persons and one black colour Hero Honda motorcycle without registration number and a mobile phone was also recovered from the possession of the petitioner.

Patna High Court CR. MISC. No.31746 of 2023(2) dt.24-06-2023 2/3 Learned counsel for the petitioner submits that the petitioner has no concern with the motorcycle in question and so far the mobile phone is concerned, the same belongs to the father of the petitioner. He further submits that the petitioner having fair antecedent, is in custody since 16.01.2023. He next submits that from perusal of the FIR, it is evident that the petitioner was not apprehended by the police rather he along with other accused persons was apprehended by the villagers and the false implication of the petitioner cannot be ruled out. On the other hand, learned counsel for the State opposes the bail application.

Regard being had to the submissions made on behalf of the parties and considering the nature of allegation and the fact that the petitioner apprehended by the villagers, coupled with his fair antecedent, let the petitioner, named above, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Gaya in connection with Tankuppa P.S. Case No. 10 of 2023, subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of

Patna High Court CR. MISC. No.31746 of 2023(2) dt.24-06-2023 3/3 the trial.

(ii) He will remain present on each and every date of trial till disposal of the case.

(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.

(Harish Kumar, J) rohit/- U T