Sonu Kumar @ Raja Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37935 of 2024 Arising Out of PS. Case No.-22 Year-2024 Thana- NOKHA District- Rohtas ====================================================== Sonu Kumar @ Raja Kumar Son of Vindhyachal Paswan RESIDENT OF VILLAGE- AGRER, POLICE STATION- AGRER, DISTRICT- ROHTAS AT SASARAM ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raghunandan Kumar Singh, Advocate For the Opposite Party/s :
Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-07-2024
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Nokha P.S. Case no. 22 of 2024 registered under section 394 of the Indian Penal Code.
3. As per the prosecution case, the informant states that while going on his motorcycle and slowing it down near the place of occurrence due to fog, it is stated that 3-4 accused persons attacked him with lathi, danda etc. as a result of which he fell down. The accused persons assaulted the informant and looted him of various articles including mobile phone etc.
4. Learned counsel for the petitioner submits that the F.I.R was registered against unknown. The name of the
Patna High Court CR. MISC. No.37935 of 2024(3) dt.12-07-2024 2/3 petitioner transpired in the confessional statement of co-accused Saheb Kumar made before police. Contrary to the allegation, no incriminating article has been recovered from the petitioner's possession. Even as per the seizure list the alleged recovery is said to be from the public road in front of the house of the petitioner. The petitioner is in custody since 8.2.2024 and has not been put on T.I parade. Charge-sheet has been submitted in the case. Co-accused Nirmal Kumar @ Bhola Paswan @ Bhola has been enlarged on bail vide order dated 4.6.2024 passed in Cr. Misc. no. 40101 of 2024.
5. The application for bail is opposed by learned APP for the State who submits that a stolen motorcycle was recovered in front of the house of this petitioner.
6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R, the name of the petitioner transpiring in the confessional statement of coaccused made before police, the petitioner not having put on T.I parade in spite of being in custody since 8.2.2024 and chargesheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Nokha P.S. Case no. 22 of 2024, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.37935 of 2024(3) dt.12-07-2024 3/3 each to the satisfaction of the learned Additional Chief Judicial Magistrate-1st Class, Rohtas at Sasaram.
(Partha Sarthy, J) Harsh/- U T