Sonu Kumar Sharma @ Dillu Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51030 of 2022 Arising Out of PS. Case No.-792 Year-2020 Thana- FATUA District- Patna ====================================================== SONU KUMAR SHARMA @ DILLU SHARMA S/o Ashok Sharma @ Ashok Kumar Sharma R/o- Bhadrghat, P.S.- Alamganj, Distt.- Patna ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner seeks bail in a case instituted for the offences under Section 392 of the Indian Penal Code in which sections 411 and 412 of the Indian Penal Code were added later on.

Prosecution allegation, in short, is that the motorcycle of the informant was looted by the accused persons. It has been submitted on behalf of the petitioner that the petitioner is in custody since 18.11.2021. Chargesheet/prosecution report has been submitted in this case. There

Patna High Court CR. MISC. No.51030 of 2022(2) dt.22-12-2022 2/2 is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is not named in the F.I.R. The name of the petitioner has transpired on the basis of confessional statement of co-accused made before the police. The looted motorcycle which is alleged to have been recovered from the possession of the petitioner, it is stated that the petitioner had no knowledge that the motorcycle in question is stolen property. The petitioner has not been put on T.I.P. to ascertain his participation in the present case.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that 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 learned J.M. 1st, Patna City, Patna in connection with Fatuha P.S. Case No. 792 of 2020.

(Sudhir Singh, J) Pankaj/- U T