Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49229 of 2022 Arising Out of PS. Case No.-104 Year-2022 Thana- FALKA District- Katihar ====================================================== Sonu Kumar, aged about 21 years, male, Son of Nathuni Mahato R/O VillageThuti Balua, Gurubazar, P.S.- Barari, District- Katihar ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Rajendra Prasad Sah, Adv.

For the Opposite Party :

Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 09-12-2022 This matter has been taken up today for consideration through video conferencing.

Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Falka PS Case No. 104 of 2022 registered for the offence punishable under Section 395 of the Indian Penal Code.

Six persons on motorcycles have surrounded the informant and snatched away his motorcycle, cash, mobile phone and ATM card etc.

Learned counsel for the petitioner submits that upon confessional statement of co-accused, namely, Dilkhush, he has been implicated. Such implication is unsustainable in law and has led to no recovery of any incriminating material from the

Patna High Court CR. MISC. No.49229 of 2022(2) dt.09-12-2022 2/3 petitioner. He has no criminal antecedents and he is in custody since 29-03-2022. The petitioner has also not been put on Test Identification Parade.

Learned APP for the State has opposed the prayer for bail. Considering the rival submissions, this Court, for the purposes of grant of bail, is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM III, Katihar, in connection with Falka PS Case No. 104 of 2022, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii)That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

This Court would expect that the petitioner's counsel

Patna High Court CR. MISC. No.49229 of 2022(2) dt.09-12-2022 3/3 would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. (Madhuresh Prasad, J) shyambihari/- U