Sonu Kumar @ Sonu Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45079 of 2024 Arising Out of PS. Case No.-237 Year-2024 Thana- KANKARBAG District- Patna ====================================================== Sonu Kumar @ Sonu Kumar Das Son of Suraj Kumar Das R/o Moh.- Buddh Nagar, Road No.- 1, P.S.- Kankarbagh, Dist.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

None For the Opposite Party/s :

Mr. Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-07-2024

1. No one appears for the petitioner.

2. Heard learned Additional Public Prosecutor for the State as well as informant.

3. This application, for grant of anticipatory bail, arises out of Kankarbag Police Station Case No. 237 of 2024, disclosing offences under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

4. As per the prosecution case, the brother of the informant, who was working as a vendor in Anamica Indane Gas Agency, Kankarbag, was shot dead by two unknown persons riding on a motorcycle on 04.04.2024.

5. Perused the bail application. The petitioner has stated that the FIR is against unknown and the name of the petitioner has surfaced on the basis of confessional statement of co-

Patna High Court CR. MISC. No.45079 of 2024(2) dt.24-07-2024 2/3 accused Sandip Kumar Yadav and Rahul Kumar Das which has got no evidentiary value in the eyes of law. The petitioner has falsely been implicated in this case and he has no concern with the alleged occurrence.

6. Learned counsel for the informant argued that there was a previous dispute between the deceased and the coaccused Rahul Kumar Das. A conspiracy was hatched at the house of Prince Raj. The police during course of investigation arrested Sandip Kumar Yadav, Rahul Kumar Das, Suraj Kumar Mahto and Prince Raj. In his statement recorded before the police, the arrested co-accused Sandip Kumar Yadav has disclosed that the petitioner who happens to be the sadu (brother-in-law) of Rahul Kumar Das gave a sum of Rs. 5,000/- for killing of the deceased and further promised to give Rs. 25,000/-. The informant's brother was shot dead by co-accused Sandip Kumar Yadav.

7. Having regard to the submissions made on behalf of the learned counsel for the informant as well as State and upon going through the bail application and the impugned order passed by learned Sessions Judge, Patna, and taking into consideration the seriousness of the allegation and

Patna High Court CR. MISC. No.45079 of 2024(2) dt.24-07-2024 3/3 severity of the punishment, I am not inclined to grant the petitioner privilege of anticipatory bail.

8. This application is, accordingly, rejected. (Anil Kumar Sinha, J) HarshPandey/- U T