Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58875 of 2021 Arising Out of PS. Case No.-212 Year-2021 Thana- KHAIRA District- Saran ====================================================== Sonu Kumar Son of Late Lambu Paswan Resident of Village - Nayagawn, Baherwa Gachhi, P.S.- Nayagawn, Distt.- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar, Advocate For the Opposite Party/s :

Mr.Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-03-2022 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Khaira PS case no. 212 of 2021 instituted for the offences punishable under Sections 413, 414, 420, 467, 468/34 of Indian Penal Code.

The case of the prosecution is that upon the police receiving secret information to the effect that some criminals were moving on a motorcycle, it had started conducting checking and during the course thereof, the petitioner along with motorcycles was apprehended, however the other accused persons had managed to flee away. It is alleged that the motorcycles in question are stolen motorcycles. The learned counsel for the petitioner has

Patna High Court CR. MISC. No.58875 of 2021(2) dt.29-03-2022 2/3 submitted that the petitioner is innocent, has been falsely implicated in the present case and is languishing in custody since 08.07.2021. The learned counsel for the petitioner has further submitted that the petitioner is accused in two other cases but he is on bail in one of the said case. It is also submitted that the motorcycles in question, though are stolen property but were being driven by the co-accused persons who had managed to flee away.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that the petitioner is languishing in custody since about 08 months, apart from the fact that the petitioner has stated that the stolen motorcycles in question belong to the other accused persons, I deem it fit and proper to admit the petitioner to the privilege of bail. Accordingly, the abovenamed petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.58875 of 2021(2) dt.29-03-2022 3/3 satisfaction of learned court of J.M. 1st class, Chhapra, Saran in connection with Khaira PS case no. 212 of 2021. (Mohit Kumar Shah, J) rinkee/- U T