Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54972 of 2021 Arising Out of PS. Case No.-324 Year-2021 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== SONU KUMAR SON OF KANHAIYA SINGH RESIDENT OF VILLAGEKHAMHAR, P.S.- MUFFASIL, DISTRICT- BEGUSARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anuj Kumar, Adv.

For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 22-01-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioners and the learned A.P.P. for the State through video conferencing. The petitioner seeks bail in connection with Begusarai Muffasil P.S. Case No. 324 of 2021 registered for the offence under Sections 457 and 380 of the Indian Penal Code and later on Section 411 of the Indian Penal Code is added.

The case relates to theft in the house of the informant.

Learned counsel appearing for the petitioner

Patna High Court CR. MISC. No.54972 of 2021(2) dt.22-01-2022 2/3 submits that the petitioner, who is of clean antecedent, is innocent and has falsely been implicated in this case. In fact, nothing incriminating has been recovered from the conscious possession of the petitioner. It is apparent from the F.I.R. itself that mere on suspicion, this petitioner has been made accused in this case. He further submits that the alleged ornaments have been recovered from the house of the co-accused, Vipul Kumar. This petitioner has no concern with the alleged recovery. The petitioner is rotting in judicial custody since 17.06.2021.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the, above named, petitioner be released 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, Begusarai in connection with Begusarai Muffasil P.S. Case No. 324 of 2021 with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the

Patna High Court CR. MISC. No.54972 of 2021(2) dt.22-01-2022 3/3 Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) brajesh/- U T