Sunni Kumar @ Sanni Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22470 of 2016 Arising Out of PS.Case No. -592 Year- 2015 Thana -KANTI District- MUZAFFARPUR ====================================================== Sunni Kumar @ Sanni Kumar Son of Tufani Roy @ Rajeshwar Ray, Resident of Village- Bhagwanpur (Yadav Nagar), P.S. Sadar, DistrictMuzaffarpur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Nachiketa Jha For the Opposite Party/s : Mr. Awadhesh Kr. Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 24-05-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in connection with Kanti P.S. Case No. 592 of 2015 registered for the offences punishable under Sections 394 and 302 of the Indian Penal Code and Section 27 of the Arms Act.

From perusal of the impugned order, it reveals that the name of the petitioner has transpired in the confessional statement of co-accused Golu Thakur and thereafter, the petitioner was arrested and his confessional statement was also recorded. Submission is of false implication and that besides the confessional statement, there is no other legal material against the petitioner and co-accused Gautam Kumar has already been

Patna High Court Cr.Misc. No.22470 of 2016 (2) dt.24-05-2016 2/2 allowed bail vide Criminal Misc. No. 9676 of 2016 by another coordinate bench of this Court and further other co-accused have also been allowed bail. The petitioner has got no criminal antecedent.

The learned A.P.P submits that on the basis of confessional statement, the motorcycle of the deceased was recovered from the conscious possession of co-accused Shyam Sunder Sahni.

In the facts and circumstances stated above, the petitioner, above named, is also directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate (West), Muzaffarpur in connection with Kanti P.S. Case No. 592 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J.) Mishra/- U T