Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12496 of 2015 Arising Out of PS.Case No. -350 Year- 2013 Thana -CHIRAIYA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Sonu Kumar S/o Shri Rajendra Prasad Resident of Mohalla Naurangabad, Police Station Sadar Bettiah, District West Champaran. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Anil Kumar, Adv. For the Opposite Party/s : Md Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 20-07-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence punishable under Section 394 of IPC. Allegation is that four unknown persons entered into the house of the informant and assaulted his son and also committed theft of cash, ornaments and other valuable articles.

It is submitted that FIR had been lodged against unknown. The petitioner and others were apprehended in Chiraiya P. S. Case No. 14 of 2014 for the offence punishable under Sections 399, 402 IPC and section 25(1-b)a, 26, 35 of the Arms Act. The petitioner had made confession in that case

Patna High Court Cr.Misc. No.12496 of 2015 (3) dt.20-07-2015 2/3 and on the basis of which he had been remanded in this case. It is further submitted that confession made before the police has got no evidentiary value. Nothing has been recovered from the possession of the petitioner. No T. I. parade has been made. However, after investigation chargesheet has already been submitted. The petitioner has been in custody since 24.2.2014.

Learned counsel for the State could not controvert the contention of the petitioner while opposing his prayer for bail.

Considering the facts and circumstances, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Sri S. K. Jha, Judicial Magistrate, 1st Class, Sikrahana, Motihari in Chiraiya P. S. Case No. 350 of 2013 with following conditions:-

1. The petitioner will not indulge himself in similar or any other offence.

2. One of the bailors must be the close relative of the petitioner.

3. The petitioner will be well represented in the Court on

Patna High Court Cr.Misc. No.12496 of 2015 (3) dt.20-07-2015 3/3 each and every date and in case of absence for two consecutive dates or in case of violation of terms of bail, his bail bond would be liable to be cancelled by the learned Court concerned.

(Amaresh Kumar Lal, J) Kanchan/- U T