Madan Sonar @ Manish Verma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57617 of 2024 Arising Out of PS. Case No.-393 Year-2023 Thana- DINARA District- Rohtas ====================================================== Madan Sonar @ Manish Verma, aged about 35 years (Male), Son of Late Saryu Sonar @ Saryu Prasad, Resident of Village - Badka Diya, P.S.- Krishna Brahm (Town), District - Buxar.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Ajit Kumar, Advocate For the Opposite Party :

Mr. Jai Narain Thakur, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Dinara P.S. Case No. 393 of 2023 dated 12.08.2023 registered for the offence punishable under Section 392 of the I.P.C.

3. As per the prosecution case, on 12.08.2023 at about 9.30 A.M., the informant left for Varanasi in his pick-up after delivery of Kurkure from Naubatpur, Patna, and as soon as he reached at 'Sarna Bridge', under Dinara Police Station at around 12.00 P.M., four miscreants riding on two motorcycles came and put their motorcycles in front of his pick-up and on the gun point, two persons took Rs. 53,500/- from his vehicle. It is further alleged that out of four miscreants, two miscreants had

Patna High Court CR. MISC. No.57617 of 2024(2) dt.05-09-2024 2/3 covered their faces. The informant can identify after looking them.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the petitioner is not named in the F.I.R. His name has surfaced in the present case in course of investigation on the basis of his self confessional statement made before the police. The petitioner has not been identified by any one. No T.I. Parade has been conducted by the Investigating Officer to identify the real culprit of the alleged offence. It is further submitted that except the confessional statement of the petitioner made before the police there is no other substantive evidence to suggest the implication of the petitioner in the present case which has got no evidentiary value in the eye of law.

It is further submitted that due to previous criminal antecedent of the petitioner, he has falsely been implicated in the present case. The charge sheet has already been submitted in the present case. The other co-accused person Anirudh Kumar @ Chhota Ram @ Chhotu Ram has already been granted bail by a Bench of this Court vide Cr. Misc. No. 33543 of 2024 under order dated 09.05.2024, annexed as Annexure-2 to the present bail application.

Patna High Court CR. MISC. No.57617 of 2024(2) dt.05-09-2024 3/3 and in thirteen cases, he is on bail and in one case he has been acquitted as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 02.02.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-III, Rohtas at Sasaram in connection with Dinara P.S. Case No. 393 of 2023 with further condition:- (I) The petitioner is directed to remain physically present before the learned court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T