Sonu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57880 of 2024 Arising Out of PS. Case No.-80 Year-2024 Thana- MAHNAR District- Vaishali ====================================================== Sonu Kumar Son of Munilal Singh R/V- VILLAGE- GOVINDPUR, P.S.- BIDUPUR, DISTT.- VAISHALI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shivjee Singh, Adv For the Opposite Party/s :
Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 31-08-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Mahnar P.S. Case No. 80 of 2024 dated 28.03.2024 registered for the offences punishable u/s 3899, 402 and 414 of the Indian Penal Code and Section 25(1-b)a, 26, 35 of the Arms Act.
3. As per the prosecution case, during patrolling, police apprehended the petitioner and other co-accused persons and from possession of the petitioner one 9 mm pistol loaded in its magazine, two live cartridges, one mobile phone and one black Pulsar Motorcycle without number were recovered.
4. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.57880 of 2024(2) dt.31-08-2024 2/3 that the petitioner is innocent and has falsely been implicated in this case. The petitioner has not been arrested from the spot rather he has been arrested from his house in the night on 26.02.2024 and the said seized vehicle belongs to the brother of the petitioner. No incriminating article has been recovered from the conscious possession of the petitioner. Similarly situated coaccused has already been granted bail by the co-ordinate bench of this court vide order dated 20.06.2024 passed in Cr. Misc. No. 41741 of 2024. The petitioner has one antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 30.03.2024.
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 and the nature of allegation levelled against the petitioner as well as the period of custody, the petitioner abovenamed, 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 Court concerned, Vaishali at Hajipur in connection with Mahnar P.S. Case No. 80 of 2024, with a condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below
Patna High Court CR. MISC. No.57880 of 2024(2) dt.31-08-2024 3/3 on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) Jyoti/- U T