Sonu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55857 of 2023 Arising Out of PS. Case No.-11 Year-2022 Thana- SARAIYA District- Muzaffarpur ====================================================== SONU KUMAR SON OF BIGU SINGH RESIDENT OF VILLAGE -BAHILWARA, BHUAL DAKSHINI, PS- SARAIYA DIST -MUZAFFARPUR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pranav Kumar, Advocate Mr. Rajeev Ranjan No. II, Advocate For the Opposite Party/s :
Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 29-08-2023 Heard the parties.
2. The petitioner is in custody in connection with Saraiya P.S. Case No. 11 of 2022 for the offence under sections 414 of the Indian Penal Code and 415, 25(1-b)a, 26, 35, 27 of Arms Act and 20/22 of NDPS Act lodged on 04.01.2022 by the informant, Sunil Kumar.
3. As per the prosecution story, the accused persons looted Punjab National Bank and while retreating, three of them were nabbed by the public and handed over to the Police. The accused persons nabbed included Raj Kumar Sah, Vikash Kumar and Vikash Kumar Sahani who named this petitioner.
4. Learned counsel for the petitioner submits that he was not present at the spot, his name has come in the
Patna High Court CR. MISC. No.55857 of 2023(2) dt.29-08-2023 2/3 confessional statement, he has been remanded in this case on 07.02.2023 (as stated in paragraph 12 of the petition).
5. Learned APP submits that he has criminal antecedent of the same nature.
6. Taking into account the submissions put forward by the learned counsel for the petitioner as also that neither he has been arrested from the spot nor anything recovered from his conscious possession, this Court is inclined to extend him the privilege of bail but only after framing of the charges in view of the fact that he has multiple criminal antecedents.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional Sessions Judge-II, Muzaffarpur, in connection with Saraiya P.S. Case No. 11 of 2022 subject to the following conditions: (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
Patna High Court CR. MISC. No.55857 of 2023(2) dt.29-08-2023 3/3 (iii) the petitioner shall appear before the concerned police station every month for one year to mark his attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.
8. With the aforesaid observations, the bail application is allowed.
(Rajiv Roy, J) kiran/- U T