Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36604 of 2020 Arising Out of PS. Case No.-53 Year-2020 Thana- VAISHALI District- Vaishali ====================================================== SONU KUMAR Son of BANARAS RAY Resident of Village - Keshopur, P.O. - Balukaram , P.S. and District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bela Singh, Adv.

For the Opposite Party/s :

Mr.Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-02-2021 Heard the learned counsel for the petitioner and the learned APP for the State, Ms. Nirmala Kumari.

The petitioner seeks regular bail in connection with Vaishali P.S. Case No. 53 of 2020, registered for the offence punishable under Section 395 of the Indian Penal Code.

The allegation is regarding unknown miscreants having intercepted the informant and they are said to have snatched cash money, mobile phone etc. from the possession of the informant.

The learned counsel for the petitioner has

Patna High Court CR. MISC. No.36604 of 2020(2) dt.01-02-2021 2/3 submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is languishing in custody since 24.06.2020. The learned counsel for the petitioner has further submitted, by referring to the paragraph no. 12 of the present petition, that no Test Identification Parade has been held so as to connect the petitioner with the alleged crime, hence, the complicity of the petitioner is not present in the present case.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that no Test Identification Parade has been held so as to connect the petitioner with the alleged crime, apart from taking into account the period of incarceration of the petitioner herein, I deem it fit and proper to direct for release of the

Patna High Court CR. MISC. No.36604 of 2020(2) dt.01-02-2021 3/3 petitioner on regular bail.

Accordingly, the above named petitioner is directed to 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 Chief Judicial Magistrate, Vaishali in connection with Vaishali P.S.Case No. 53 of 2020.

(Mohit Kumar Shah, J) Ajay/- U T