Sonelal Kumar @ Sonelal Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9344 of 2021 Arising Out of PS. Case No.-29 Year-2020 Thana- DUMARIAGHAT District- East Champaran ====================================================== SONELAL KUMAR @ SONELAL KUMAR YADAV SON OF LATE SUGA RAI RESIDENT OF VILLAGE MAKARI MAHUAWA, P.S.- PIPRAKOTHI, DISTRICT- EAST CHAMPARAN.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma For the Opposite Party/s :

Mr. Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-07-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual Court proceedings. Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in a case registered for the offence punishable under Section 392 of the Indian Penal Code. Three unknown miscreants are said to have looted away the motorcycle of the informant.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He is quite

Patna High Court CR. MISC. No.9344 of 2021(2) dt.16-07-2021 2/3 innocent and has been falsely implicated in this case by the police. He is neither named in the F.I.R. nor was apprehended on the spot. No incriminating article has been recovered from his conscious physical possession. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner has five criminal antecedents, as mentioned in paragraph-3 of this application. The petitioner has been remanded in this case and since then languishing in custody since 09.07.2020.

Learned APP for the State opposed the bail petition.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Dumariyaghat P.S. Case No.29 of 2020, subject to the following conditions :

(1) 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. He will also undertake to inform the Court if there is any change in the address of the

Patna High Court CR. MISC. No.9344 of 2021(2) dt.16-07-2021 3/3 petitioner.

(2) that the bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse.

(3) that the petitioner will be well represented on each and every date fixed in the case and if he fails to do so on two consecutive dates his bail bond will be liable to be cancelled.

(4) that the petitioner will mark his attendance in the local police station in first week of every month till conclusion of trial, failing which the prosecution will be at liberty to move cancellation of his bail bond.

(Anjani Kumar Sharan, J) Trivedi/- U T