Sonu Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.42824 of 2014 (3) dt.03-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42824 of 2014 Arising Out of PS.Case No. -51 Year- 2014 Thana -ARA MUFFSIL District- BHOJPUR ======================================================

1. Sonu Kumar Son of Vijay Yadav Resident of Village - Manpur, P.S.- Ara Muffasil, District - Bhojpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dharmesh Kumar Shrivastava For the Opposite Party/s : Mr. Dilip Kumar (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 03-03-2015 Heard learned counsel for the petitioner and the learned counsel for the State.

The petitioner is in custody since 02.03.2014 in a case for the offence registered under Sections 302, 201, 379/34 of the Indian Penal Code.

It is submitted on behalf of the petitioner that one Tata Magic vehicle bearing Body No. MA7445117DUJ Engine No. 275LD106HWY alongwith its driver, namely, Bhukhal Paswan was taken away. Subsequently, the dead body of Bhukhal Paswan was recovered.

Learned counsel for the petitioner submits that originally, the informant has lodged the FIR alleging that the driver Bhukhal Paswan was running the said vehicle but subsequently, when the dead body of Bhukhal Paswan was

Patna High Court Cr.Misc. No.42824 of 2014 (3) dt.03-03-2015 recovered and investigation proceeded, one Raj Kumar made a confessional statement before the police and in that confessional statement, the name of this petitioner finds place. Subsequently, a self-statement of the petitioner was also taken in which it is alleged that the petitioner has confessed his guilt.

Learned counsel for the petitioner submits that in the case diary, it is mentioned that the mobile of the deceased was recovered from the possession of the petitioner but the seizure list does not indicate the name of the petitioner. Considering the remoteness of the allegations and the evidence which has come on record in the case diary as also this fact that the petitioner is in custody for over a year, let the petitioner, above named be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhojpur at Ara in connection with Ara Muffasil P.S. Case No. 51 of 2014.

(Anjana Mishra, J) Jagdish/- U T