Sonelal Yadav @ Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60768 of 2021 Arising Out of PS. Case No.-53 Year-2020 Thana- RAGHOPUR District- Supaul ====================================================== SONELAL YADAV @ SONU KUMAR Son of Brahamdev Yadav @ Ashok Yadav Resident of Village - Barmotra, Mahinathpur, Ward no.06, P.s.- Raghopur, Distt.- Supaul.

... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nafisuzzoha, Advocate For the Opposite Party/s :

Mr.Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 25-02-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in connection with Raghopur P.S. Case No. 53/ 2020 registered for the offence punishable under Section 392 of the IPC.

The present matter relates to the occurrence of loot. Learned counsel for the petitioner submits that petitioner is not named in the FIR and he has falsely been implicated in the present case only on the basis of confessional statement of co-accused Randhir Kumar Yadav and Ranjeet

Patna High Court CR. MISC. No.60768 of 2021(2) dt.25-02-2022 2/3 Kumar Ram @ Laltu. He further submits that save and except the confessional statement of co-accused, nothing has come against the petitioner. No incriminating article has been recovered from possession of the petitioner and till date no TIP has been conducted by the prosecution. Petitioner is in custody since 17.03.2021.

The learned Additional Public Prosecutor opposed the prayer of bail submitting that petitioner carries seven criminal antecedent.

Considering the aforesaid facts and circumstances, 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 Additional Chief Judicial Magistrate, Birpur at Supaul in connection with Raghopur P.S. Case No. 53/ 2020, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

Patna High Court CR. MISC. No.60768 of 2021(2) dt.25-02-2022 3/3

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.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) shahzad/- U T