Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44133 of 2025 Arising Out of PS. Case No.-524 Year-2024 Thana- SULTANGANJ District- Bhagalpur ====================================================== Sonu Kumar Son of Pappu Yadav Resident of village - Tilakpur, P.S.- Sultanganj, District - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijendra Kumar For the Opposite Party/s :

Mr. Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-07-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Sultanganj P.S. Case No. 524/2024 dated 04.11.2024 registered for the offence punishable u/s 103(1) read with Section 3(5) of the B.N.S. and Section 27 of the Arms Act.

3. As per the prosecution case, on 03.11.2024, the informant's elder brother Ramesh Singh sat at Nasopur Baasa and he was washing vehicle. In the meantime, Sunil Singh, Anish Singh, Manish Kumar, Chandan Singh, Fatak Yadav Mukesh Yadav along with 2-3 unknown persons came holding pistol, Katta and deadly weapon and surrounded his brother.

Patna High Court CR. MISC. No.44133 of 2025(3) dt.29-07-2025 2/3 Thereafter, Sunil Singh said his son Anil Singh and Chandan Singh that Rakesh Singh has not voted, hence kill him. Thereafter, his brother tried to flee away, in the meanwhile, Sunil Singh ordered Anil Singh and Chandan Singh to shot. Thereafter, Anil Singh shot the informant's brother Ramesh Singh by Threenut due to which his brother sustained chest injury and fell down. Thereafter, Chandan Singh shot bullet on the chest of his brother. Thereafter, Mukesh Yadav told Fatak Yadav to shot, thereafter, he also shot the bullet upon the chest of his brother. Thereafter, informant started shouting. Thereafter, Manish Singh and Mukesh Yadav also shot on the informant but he escaped .Thereafter, the injured Rajesh Singh was taken to hospital for treatment but the doctor has declared the injured dead.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional statement of the co-accused, Mukesh Yadav @ Fatak Yadav. There is no specific allegation of firing against the petitioner. The petitioner has three antecedents as stated in para

Patna High Court CR. MISC. No.44133 of 2025(3) dt.29-07-2025 3/3 3 of the bail petition. The petitioner is in custody since 22.01.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. 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, Bhagalpur in connection with Sultanganj P.S. Case No. 524/2024, with the condition ;- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T