Sonu Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49596 of 2021 Arising Out of PS. Case No.-429 Year-2020 Thana- KADAMKUAN District- Patna ====================================================== SONU KUMAR CHAUDHARY S/o Som Lal Chaudhary R/o- C/o- Darshan Chaudhary, 12, Kansari, P.S.- Gaurichak, District- Patna, Bihar- 804451 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vishal Vikram Rana For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 29-03-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in a case registered for the offences punishable under Sections 385, 387 of the Indian Penal Code.

According to prosecution case, one Nitish Kumar submitted his written report to the police station alleging therein that on 12.11.2019 a phone call was made to him for ransom for which an F.I.R. vide Kadamkua P.S. Case No. 737/2019 was registered. It si further alleged that almost after one year on 22.09.2020 again phone calls were made to him from four

Patna High Court CR. MISC. No.49596 of 2021(3) dt.29-03-2022 2/3 different mobile numbers.

Learned counsel for the petitioner submits that petitioner is not named in the F.I.R., he is innocent and he has falsely been implicated in the present case only on the basis of mobile number. He further submits that mobile number as mentioned in the F.I.R. does not belong to the petitioner and during the investigation nothing has come against the petitioner. The petitioner is in custody since 14.09.2020. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail on the ground that petitioner carries six criminal antecedents other than the present one.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Kadamkua P.S. Case No. 429 of 2020, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two

Patna High Court CR. MISC. No.49596 of 2021(3) dt.29-03-2022 3/3 consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the 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.

(Rajesh Kumar Verma, J) mdrashid/- U T