Sonu Singh @ Sonu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47282 of 2022 Arising Out of PS. Case No.-192 Year-2021 Thana- ARA MUFFSIL District- Bhojpur ====================================================== SONU SINGH @ SONU KUMAR S/O LATE NATHUNI SINGH Resident of village- Karara, P.S.- Ara Muffasil, District- Bhojpur. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravindra Kumar, Advocate.
For the Opposite Party/s :
Mr. Uday Chand Prasad, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-12-2022 Heard Mr. Ravindra Kumar, learned counsel for the petitioner and Mr. Uday Chand Prasad, learned Additional Public Prosecutor appearing for the State through video conferencing.
Petitioner seeks regular bail in connection with Ara Muffasil (Dhobahan O.P.) P.S. Case No. 192 of 2021 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 504, 506, 380 of the Indian Penal Code 1860 and Section 27 of the Arms Act.
As per the First Information Report, petitioner along with 10-13 accused persons entered into the house of the informant, and on the point of gun, took away briefcase containing Rs.25,000/- cash and gold ornaments worth Rs. 2 lacs.
Patna High Court CR. MISC. No.47282 of 2022(2) dt.09-12-2022 2/3 Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case on the basis of concocted story. He further submits that petitioner as well as informant reside in the same village and the petitioner has been implicated in this case due to village rivalry. He next submits that no incriminating material and/or looted article has been recovered from possession of the petitioner. There is inordinate delay in lodging the First Information Report also inasmuch as the occurrence has allegedly taken place on 25.7.2021, but the written Report was submitted after delay of three days, i.e. on 28.7.2021. The F.I.R. has been registered by the Police on 29.7.2021 and the same reached the Court on 31.7.2021 which creates doubt upon the prosecution story. The petitioner is in custody since 14.6.2022 and charge sheet has already been submitted.
Regards being had to the submissions made by the parties and taking into consideration the the fact that the charge sheet has already been submitted, the petitioner is in custody since 14.6.2022 and there is no likelihood that the petitioner will abscond or tamper with the evidence, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, above named, be
Patna High Court CR. MISC. No.47282 of 2022(2) dt.09-12-2022 3/3 released on regular bail on furnishing bail bonds of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VIII, Bhojpur at Ara, in connection with Ara Muffasil (Dhobahan O.P.) P.S. Case No. 192 of 2021 subject to the condition that the petitioner will be well represented on each date in the trial and if he fails to do so on two consecutive dates, his bail bonds will be liable to be cancelled. (Anil Kumar Sinha, J) S.Ali/- U T