Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56188 of 2023 Arising Out of PS. Case No.-164 Year-2023 Thana- BARH District- Patna ====================================================== Sonu Kumar Son Of Sujit Paswan Resident Of Village- Ambedkar Nagar, Barh, Ps- Barh, Distt- Patna.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ashok Kumar Kashyap, Adv.

For the Opposite Party/s :

Mr. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Barh P.S. Case No.164 of 2023 registered on 14.03.2023 lodged under Sections 461, 379, 414 of the I.P.C.

3. As per the prosecution case, F.I.R. has been lodged against 3 named accused persons, who caught red-handed at the time of commission of theft in the shop of the informant and petitioner was apprehended from the place of occurrence.

4. Counsel for the petitioner submits that one of the accused persons has been granted bail by the Co-ordinate Bench of this Court vide order dated 27.07.2023 passed in Cr. Misc. No.45035 of 2023.

5. Learned counsel for the State opposes the prayer

Patna High Court CR. MISC. No.56188 of 2023(2) dt.30-08-2023 2/2 for bail and submits that the case of the person to whom the Coordinate Bench of this Court has granted bail and the case of the present petitioner are different. He also submits that the person to whom bail was granted, was not apprehended from the place of occurrence and he had clean antecedent, whereas, the present petitioner has 4 criminal cases pending against him.

7. In the present facts and circumstances of this case and the submissions made above, it is true that offence leveled against the petitioner is Magistrate triable but this Court is not inclined to grant bail to the petitioner, therefore, the present bail application of the petitioner is hereby rejected.

8. Liberty is hereby granted to the petitioner that he may renew his prayer for bail, after framing of charge. (Dr. Anshuman, J.) Ashishsingh/- U