Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62539 of 2021 Arising Out of PS. Case No.-421 Year-2020 Thana- PATNA CITY CHOWK District- Patna ====================================================== Sonu Kumar Son of Rajendra Rawani Resident of Mohalla - Chowk Sikarpur, Nala Par, P.S.- Chowk, District - Patna, At present - Bhaishani Tola, P.S.- Malsalami, District - Patna.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raj Krishan Jha For the Opposite Party/s :

Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 26-04-2022 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 a case registered for the offences punishable under Sections 364/34 of the Indian Penal Code and later on Section 302 and 201 of the Indian Penal Code added.

According to prosecution case, the informant stating therein that on 13.12.2020 his son Bobby Kumar was called by his friend Sonu Kumar and his friend Bunty Kumar from house and proceeded from the house and when his son did not return

Patna High Court CR. MISC. No.62539 of 2021(3) dt.26-04-2022 2/3 in the night informant started to search him but he was not traced out. On 17.12.2020 informant got the information that his son has been murdered by his friends who has called him from his house, his father Rajendra Rawani, his son Ganga Kumar, Guddu Kumar and they have left their house and managed to escape.

Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case only on the basis of suspicion. He further submits that nothing has come during the investigation against the petitioner except the confessional statement of coaccused namely, Kallu Kumar. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 08.01.2021. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner. 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 Court below where the case is pending in connection with Chowk P.S. Case No. 421 of 2021, subject to the following conditions:-

Patna High Court CR. MISC. No.62539 of 2021(3) dt.26-04-2022 3/3

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.

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) mdrashid/- U T