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Patna High CourtCR. MISC./42330/2024bail granted

Sonu Kumar v. The State Of Bihar

2024-07-15Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 42330 of 2024 Arising Out of PS. Case No.-104 Year-2023 Thana- BIDUPUR District- Vaishali ====================================================== Sonu Kumar S/O Sunil Ray @ Bhulla R/O Village- Govindpur Jhakhara, P.SRajapakar, Distt.- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md Soban Asghar For the Opposite Party/s :

Mr.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 15-07-2024 Heard learned counsel appearing on behalf of the parties.

2. The petitioner seeks bail in connection with Bidupur P.S. Case No.-104 of 2023 registered for the offence under Sections 392 and 411 of the Indian Penal Code.

3. As per the prosecution case, the informant along with his father was returning back to his home from Hajipur on sitting by his motorcycle and when reached at Deva Chowk, then three miscreants on a bike intercepted them and robed him on the gun point and looted his motorcycle and his mobile phone and the cash of Rs.2000/- from his

Patna High Court CR. MISC. No. 42330 of 2024(2) dt.15-07-2024 2/3 pocket and also took away his SBI ATM card and etc.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner has falsely been implicated in this case. He next submits that nothing incriminating article has been recovered from his possession and petitioner is in custody since 06.07.2023. He next submits that similarly situated co-accused has already been granted bail by a Co-ordinate Bench of this Court passed in Cr. Misc. Nos. 13933 of 2024 and 8268 of 2024.

5. Learned APP appearing for the State, opposes the prayer for bail of the petitioner.

6. Considering the facts and circumstances and submissions made by learned counsel for the petitioner, let the above named petitioner be directed to be released on bail after framing of the charge in connection with Bidupur P.S. Case No.104 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, Ist Class, Vaishali at Hajipur.

7. The trial court is directed to conclude the proceeding of framing of charge according to law within a

Patna High Court CR. MISC. No. 42330 of 2024(2) dt.15-07-2024 3/3 period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the chargesheet has not been submitted then the above named petitioner shall be released on bail on furnishing bail bond with further condition.

(Ramesh Chand Malviya, J) Mayank/- U T