Patna High CourtCR. MISC./54224/2022bail granted

Sonu Kumar v. The State Of Bihar

2022-12-16Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54224 of 2022 Arising Out of PS. Case No.-161 Year-2022 Thana- SHIVSAGAR District- Rohtas ====================================================== SONU KUMAR Son of Late Brij Bihari Resident of Village - Sheosagar, P.S.- Sheovshagar, Distt.- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vikram Dev Singh, Advocate For the Opposite Party/s :

Mr.Jitendra Kumar Singh,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 16-12-2022 Heard Mr. Vikram Dev Singh, learned counsel for the petitioner and learned APP who represents the State through video conferencing in view of the Covid-19.

Let the defect(s), if any, as pointed out by the office be removed within four weeks.

The petitioner is in judicial custody in connection with Sheosagar P.S. Case No. 161 of 2022 for the offences under Sections 324/307 of the Indian Penal Code and Section 27 of Arms Act.

As per the prosecution story, a 'Tilak' ceremony was going on when it is alleged that this petitioner holding a country made pistol started dancing and as the electricity went off, a shot was fired hitting the informant's left shoulder resulted into his injury. Further, it was his strong belief that the petitioner

Patna High Court CR. MISC. No.54224 of 2022(2) dt.16-12-2022 2/3 who was dancing with the revolver, opened fire and in that way, he came into judicial custody on 29.6.2022 (as stated in para-13 of the bail application).

Taking into account the kind of allegation, the period of incarceration (29.6.2022) as also that the charge-sheet stands submitted, this Court is inclined to grant him privilege of bail. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of like amount each to the satisfaction of learned A.C.J.M.-cumSub. Judge 6th, Sasaram (Rohtas) in connection with Sheosagar P.S. Case No. 161 of 2022, subject to the following conditions :- (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial Court itself;

(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

Patna High Court CR. MISC. No.54224 of 2022(2) dt.16-12-2022 3/3 (iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Prakash Narayan/ AjayU T