Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37111 of 2022 Arising Out of PS. Case No.-308 Year-2021 Thana- RAJAON District- Banka ====================================================== Sonu Kumar S/O - Bhagirath Adav Resident Of Village - Kathchak, P.S - Rajoun Distt.- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar, Adv.

For the Opposite Party/s :

Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-09-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Rajoun P.S. Case No. 308 of 2021 lodged under Section 392 of the I.P.C.

As per the prosecution case, the allegation of robbery against unknown persons in the present case.

Learned counsel for the petitioner submits that he is innocent and has committed no offence. In the present case, the name of the petitioner has been figured on the basis of confessional statement made by the co-accused. He further submits that nothing incriminating has been recovered from the

Patna High Court CR. MISC. No.37111 of 2022(2) dt.22-09-2022 2/3 possession of the petitioner nor he was put on T.I.P. Learned counsel for the petitioner further submits that petitioner is in custody since 20.04.2022. On the point of his criminal antecedent, learned counsel for the petitioner submits that there are 6 criminal cases pending against him, out of which he is on bail in 2 cases. He further submits that petitioner is ready to fulfill all the conditions whatsoever shall be imposed upon him. Learned counsel for the State opposes the prayer for bail and submits that from the order passed by Sessions Judge, Banka, it transpires that there are 7 criminal cases pending against him as indicated in case diary whereas the petitioner has shown in paragraph 3 about 6 cases only. It is basically suppression of fact.

Learned counsel for the petitioner submits that there are 7 criminal cases including present one and there is no suppression of fact.

In the present facts and circumstances of this case and the submissions made above, I am hereby directing the Trial Court that if there are only 7 criminal cases pending including the present one, he shall be released on bail imposing its own condition so that he may not evade from trial but in case, there are more cases than 7 criminal cases pending against the

Patna High Court CR. MISC. No.37111 of 2022(2) dt.22-09-2022 3/3 petitioner then his bail application shall be rejected by him. With this observation, the bail application stands disposed off.

(Dr. Anshuman, J) prakashmani/- U T