Patna High CourtCR. MISC./41555/2024bail granted

Sonu Kumar v. The State Of Bihar

2024-06-21Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41555 of 2024 Arising Out of PS. Case No.-317 Year-2023 Thana- RAJAPAKAR District- Vaishali ====================================================== SONU KUMAR S/O SUNIL RAY @ BHULLA R/O VILLAGEGOVINDPUR JHAKHARA, P.S- RAJAPAKAR, DISTT.- VAISHALI. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Rajapakar P.S. case No. 317 of 2023 instituted for the offences under Sections 414 and 420 of the Indian Penal Code.

3. Prosecution allegation, in short, is that the police recovered one black colour motorcycle from the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the house of the petitioner. As per the seizure list, the motorcycle has been recovered from an open place. The petitioner has got no concern with the said motorcycle. The

Patna High Court CR. MISC. No.41555 of 2024(2) dt.21-06-2024 2/2 petitioner is in custody since 30.09.2023 and has six criminal antecedents. It is further submitted that co-accused Vikram Kumar has been enlarged on bail vide order dated 15.03.2024 passed in Cr. Misc. No. 18833 of 2024 by this Court.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Rajapakar P.S. case No. 317 of 2023 subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Prakash/- U