Jonson Soren v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32339 of 2023 Arising Out of PS. Case No.-70 Year-2023 Thana- SHEKHPURA District- Sheikhpura ====================================================== JONSON SOREN Son of Mantu Soren Resident of Village - Tiloraydih, P.S.- Devari, District - Giridih (Jharkhand).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 24-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Sheikhpura P.S. Case No. 70/2023 registered for the offences punishable under Section 392 of the Indian Penal Code. As per prosecution case, three accused persons including petitioner came on a motorcycle and snatched the informant's mobile phone and started fleeing away. It is alleged that petitioner is apprehended on the spot and other accused persons fled away from the place of occurrence. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. The petitioner is languishing in custody since 09.02.2023 and bears no criminal antecedent. Nothing has been recovered

Patna High Court CR. MISC. No.32339 of 2023(2) dt.24-06-2023 2/3 from the conscious possession of the petitioner. He further submits that from perusal of the impugned order the said looted mobile has been recovered from co-accused Nandan Kumar and petitioner has nothing to do with the alleged occurrence. Charge sheet has been submitted in this case and there is no likelihood of tampering with the prosecution evidence.

The learned A.P.P. for the State vehemently opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, period of custody, charge sheet has already been submitted in this case and there is no likelihood of tampering with the prosecution evidence and keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named 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 Chief Judicial Magistrate, Sheikhpura in connection with Sheikhpura P.S. Case No. 70/2023, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

Patna High Court CR. MISC. No.32339 of 2023(2) dt.24-06-2023 3/3 (ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) amitkumar/- U T