Sonu Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47623 of 2014 Arising Out of PS.Case No. -9 Year- 2014 Thana -KHAGARIA GRP CASE District- KHAGARIA ======================================================

1. Sonu Kumar, son of Jai Prakash Yadav.

2. Brajesh Bihari, son of Sonelal Yadav, Both residents of villageBhawanipur, Police Station- Gopalpur, District- Bhagalpur .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Viveka Nand Singh, Advocate For the Opposite Party/s : Mr. Uday Pratap Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 20-03-2015 Heard the 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 punishable under Sections 364A/34 of the Indian Penal Code.

It is submitted that there is no specific allegation against the petitioners and the victim has returned from the clutch of the other accused. The petitioners were apprehended by the police with firearms for which Kursela P.S. Case No. 119 of 2014 has been lodged. In similar facts and circumstances, the co-accused Rana Kumar has been granted bail vide Cr. Misc. No.45686/2014 (Annexure-2).

The learned counsel for the State submits that the petitioners are also accused in Kursela P.S. Case No. 119/2014 for

Patna High Court Cr.Misc. No.47623 of 2014 (3) dt.20-03-2015 2/2 the offence punishable under Sections 25 (1-B), 26 and 35 of the Arms Act.

Considering the facts and circumstances of the case, let the above-named petitioners be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned Railway Judicial Magistrate, Khagaria in Naugachhiya Rail P.S. Case No. 09/2014 after framing of charge with the following conditions : 1.

One of the bailors will be the close relative of the petitioners.

2.

The petitioners will not indulge in similar or in any other offence.

3.

The petitioners will be well represented in the court.

4.

In case of absence for two consecutive dates or in violation of the terms of the bail, their bail bond will be liable to be cancelled by the court concerned.

(Amaresh Kumar Lal, J) V.K. Pandey/- U T