Sonu Kumar @ Sonu Bari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6406 of 2021 Arising Out of PS. Case No.-195 Year-2020 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== Sonu Kumar @ Sonu Bari aged about 31 years, Male, Son of Prakash Bari Resident of Bari Tola, Bhavara, P.S.- Madhubani Town, District - Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar Singh For the Opposite Party/s :

Mr.Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3.

22-06-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Madhubani Town P.S. Case No. 195 of 2020, registered for the offence under Sections 341, 323, 307, 302 and 34 of the Indian Penal Code. As per the prosecution case, on 05.08.2020 at about 1:30 PM, it is alleged that son of the informant was beaten up by the petitioner, as a result of which, he fell down and died. It is submitted on behalf of petitioner that informant is not the eye-witness to the occurrence and only on suspicion, the petitioner has been falsely implicated in this case. It is further submitted that as a matter of fact, the deceased was unemployed and due to family problem, he committed suicide and aforesaid fact has also been corroborated in the autopsy report, wherein the doctor has opined that the deceased has died due to Asphyxia caused by hanging. The police, after investigation, has

Patna High Court CR. MISC. No.6406 of 2021(3) dt.22-06-2021 2/2 submitted chargesheet under Section 306 of the Indian Penal Code. Petitioner is in custody since 06.08.2020. Chargesheet has already been submitted.

Learned A.P.P. for the State has opposed the bail petition.

Considering the rival submissions of the parties and the materials available on record, the bail petition of petitioner is allowed. Let the above named petitioner 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 learned C.J.M., Madhubani in connection with Madhubani Town P.S. Case No. 195 of 2020, on the following conditions: "(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T