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Patna High CourtCR. MISC./39104/2024bail granted

Sonu Kumar @ Sonu Kumar Sah v. The State Of Bihar

2024-05-28Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39104 of 2024 Arising Out of PS. Case No.-322 Year-2023 Thana- KORHA District- Katihar ====================================================== SONU KUMAR @ SONU KUMAR SAH SON OF AMIRCHANDRA SAH RESIDENT OF VILLAGE - RATANGANJ SUNGTIA (SUKTIA), P.S. - GOPALPUR, DISTRICT - BHAGALPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bimal Kumar For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 28-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Korha P.S. Case No. 322 of 2023 lodged on 12.08.2023 under Section 392 of the Indian Penal Code.

3. As per the prosecution case, F.I.R. has been lodged against two unknown accused persons against whom there is an allegation of robbery of motorcycle and cash.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that that the name of the petitioner has been figured in this case only by virtue of confessional statement of the accused. He further submits that nothing incriminating has been recovered from the possession of the petitioner nor he was put on T.I.P. Counsel further submits that the criminal antecedent of

Patna High Court CR. MISC. No.39104 of 2024(2) dt.28-05-2024 2/2 the petitioner is not clean and there is one case pending against him in which he is on bail. The petitioner is in custody since 08.01.2024. Counsel further submits that petitioner is ready to fulfill all the conditions, whatsoever, shall be imposed.

5. Learned APP for the State opposes the prayer for bail.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named by granted bail after framing of charge, if the charge is not framed yet and on furnishing bail bonds of Rs. 30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar in connection with Korha P.S. Case No. 322 of 2023 subject to the condition laid down under Section 437(3) of the Cr.P.C.

7. However, the petitioner shall be granted bail only on being satisfied by the Trial Court that the petitioner is not absconding in Korha P.S. Case No. 364 of 2023 pending against him.

(Dr. Anshuman, J) sunnykr/- U