Sonu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33420 of 2019 Arising Out of PS. Case No.-88 Year-2018 Thana- DARIYAPUR District- Saran ====================================================== Sonu Rai S/o Surendra Ray R/o Village- Chota Telpa Police Line, P.S.- Chapra Town, District- Saran. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Dr. Rajesh Kumar Singh, Advocate For the Opposite Party/s :

Mr.Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 21-05-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Dariyapur P.S. Case No.88 of 2018 registered under Section 392 read with 34 of the Indian Penal Code.

It is submitted by the learned counsel for the petitioner that there is no legal evidence against the petitioner. He has been remanded in this case merely on the basis of confessional statement of co-accused Jwala Prasad and Manu Ri recorded by the police in Garkha P.S. Case No.151 of 2018. The aforesaid Jwala Prasad, who made confessional statement before the police, has already been granted bail by this Court vide order dated 15.02.2019 passed in Cr. Misc. No.1552 of 2019. It is further contended that though the petitioner has been remanded to judicial custody in this case on 09.01.2019. He has not been

Patna High Court CR. MISC. No.33420 of 2019(2) dt.21-05-2019 2/2 put on T.I.Parade till date and there is no recovery of any incriminating articles from his possession.

Learned counsel for the State opposed the application for grant of bail to the petitioner. Considering the submissions made above, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-IV, Saran at Chapra in connection with Dariyapur P.S. Case No.88 of 2018 subject to the following conditions:- (a) that the petitioner shall attend court in accordance with the conditions of the bond executed, (b) that the petitioner shall not commit an offence similar to the offence of the present case, and (c) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

Md. S/- (Ashwani Kumar Singh, J) U T