Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47684 of 2017 Arising Out of PS.Case No. -451 Year- 2016 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ======================================================

1. Sonu Kumar Son of Ramdeo Kumar @ Mantu Yadav Resident of villageSalarpur, P.S.- Parbatta, District- Khagaria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Kumar Sinha For the Opposite Party/s : Mr. Akhileshwar Dayal ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 15-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Kotwali (Barari) P.S. Case No. 451 of 2016 for offences punishable under Sections 379 and 411 of the Indian Penal Code. The prosecution case, as lodged by the informant, is that while he had parked his motorcycle near the hotel, after coming out he found his motorcycle stolen.

It has been submitted by the learned counsel for the petitioner that he is innocent, not named in the First Information Report and does not bear any criminal antecedent. He submits that although the presence of the petitioner has been seen in the

Patna High Court Cr.Misc. No.47684 of 2017 (2) dt.15-11-2017 2/3 CCTV footage, but no overt act has been committed and neither any Test Identification Parade has been done so far. He submits that charge-sheet has already been submitted, there is no allegation of tampering of the prosecution witnesses by the petitioner and he is languishing in judicial custody since 25.07.2017.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur, in connection with Kotwali (Barari) P.S. Case No. 451 of 2016, subject to the following conditions :

(i) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

(ii) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to

Patna High Court Cr.Misc. No.47684 of 2017 (2) dt.15-11-2017 3/3 move the learned court below for cancellation of his bail bonds.

(Nilu Agrawal, J) Rajesh/- U T