Sonu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41214 of 2023 Arising Out of PS. Case No.-309 Year-2021 Thana- BARHIYA District- Lakhisarai ====================================================== SONU KUMAR SON OF PANKAJ SINGH RESIDENT OF VILLAGELALDIARA, PS- PIPARIA, DISTT- LAKHISARAI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mukesh Kumar For the Opposite Party/s :
Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner has preferred this application for grant of regular bail in connection with Sessions Trial No. 07 of 2023 arising out of Barahiya P.S. Case No. 309 of 2021 dated 15.12.2021 registered for the offence punishable u/s 302, 307, 120B, 34 of the Indian Penal Code and under Sections 25(1B)/A, 26, 27, 35 of the Arms Act. As per the prosecution case, the co-accused person Pankaj Singh with the aid of the petitioner and the co-accused
Patna High Court CR. MISC. No.41214 of 2023(2) dt.19-07-2023 2/3 Sanju Kumar along with 3 to 4 unknown miscreants shot the informant's nephew, Samarjeet dead and Piku Kumar sustained firearms injury.
Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Nothing incriminating material has been recovered from the conscious possession of the petitioner. The specific allegation of firing is against the co-accused Pankaj Kumar who has already been granted bail by the Coordinate Bench of this Court vide order dated 11.1.2023 passed in Cr. Misc. No. 17821 of 2022. The petitioner is accused in one more criminal case as stated in para 3 of the bail petition. The petitioner is in custody since 18.11.2022.
Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Lakhisarai in connection with Sessions Trial No. 07
Patna High Court CR. MISC. No.41214 of 2023(2) dt.19-07-2023 3/3 of 2023 arising out of Barahiya P.S. Case No. 309 of 2021. The application stands allowed.
(Chandra Prakash Singh, J) Ajay Singh/- U T