Sonu Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35645 of 2025 Arising Out of PS. Case No.-425 Year-2023 Thana- SUGAULI District- East Champaran ====================================================== Sonu Alam Son of Md. Saukat Ali @ Saukat Ali VILLAGE -JAMALPUR PS -KATHAIYA DISTRICT -MUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rahul Singh, Adv For the Opposite Party/s :

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 29-05-2025 Heard learned Counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Sugauli P.S. Case No. 425 of 2023 registered for the offences punishable u/s 395 of the I.P.C.

3. As per the prosecution case, three unknown miscreants are alleged to have committed loot at the Bandhan Bank and took away cash of Rs. 97,634/- and Rs. 2,68,886/- from the cash locker and also took away a mobile phone of one Sanjay Kumar.

4. Learned counsel for the petitioner has submitted that the petitioner is not named in the F.I.R. and his name has surfaced on the confessional statement of one Md. Aftab Alam.

Patna High Court CR. MISC. No.35645 of 2025(2) dt.29-05-2025 2/3 It is next submitted that the petitioner was not apprehended from the place of occurrence and no incriminating article has been recovered from his conscious possession. It is also submitted that till date no TIP has been conducted for the identification of the petitioner to be involved in the said incident. It is lastly submitted that the petitioner has one criminal antecedent and is in custody since 18.04.2024.

5. Learned APP for the State has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid submissions of the parties and taking into account the fact that the petitioner is not named in the F.I.R. and no incriminating article has been recovered from the conscious possession of the petitioner and also considering the period of custody, let the petitioner abovenamed, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran, in connection with Sugauli P.S. Case No. 425 of 2023, subject to the following conditions:- (i) One of the bailors will be close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court.

(iii) In case of absence on two

Patna High Court CR. MISC. No.35645 of 2025(2) dt.29-05-2025 3/3 consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be canceled by the Court concerned.

(iv) If the petitioner is found involved in similar nature of offence in future, the prosecution will be at liberty to move for cancellation of his bail bond.

(v) The learned Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

7. The application stands allowed.

(Sourendra Pandey, J) Jyoti/- U T