Sonu Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55353 of 2022 Arising Out of PS. Case No.-152 Year-2022 Thana- TARAIYA District- Saran ====================================================== Sonu Kumar Singh, Son of Mahesh Singh, Resident of Village - Shitalpur, P.S.- Taraiya, Distt.- Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jeetendra Narayan, Advocate For the Opposite Party/s :
Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 22-02-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.
Heard Mr. Jeetendra Narayan, learned counsel appearing on behalf of the petitioner and the learned APP for the State.
The petitioner seeks regular bail, who is in custody in connection with Taraiya P.S. Case No. 152 of 2022 registered for the offence punishable under Sections 341, 323, 379, 386/34 of the Indian Penal Code.
It is alleged that while the informant and one "Amit Kumar Singh" were going together, in the meantime, two persons boarding on a motorcycle came there and snatched golden chain, mobile, cash and other valuables. It is also alleged
Patna High Court CR. MISC. No.55353 of 2022(2) dt.22-02-2023 2/3 that the miscreants also snatched the motorcycle on the point of pistol and fled away.
Learned counsel appearing on behalf of the petitioner submits that the FIR has been instituted against two named accused persons and two unknown persons, however, the name of the petitioner surfaced on the confessional statement of coaccused "Deepak Kumar Singh". He further submits that admittedly the petitioner was neither apprehended at the place of occurrence nor any incriminating material has been recovered from his person or possession and, moreover, the co-accused person, against whom there is allegation that he snatched the motorcycle from the informant, he has been allowed the privilege of bail by the learned co-ordinate Bench of this Court in Cr. Misc. No. 35691 of 2022 vide order dated 18.07.2022. He next submits that now the investigation of the crime is complete, and insofar, the petitioner is concerned, he is carrying clean antecedent.
On the other hand, learned APP for the State vehemently opposes the bail application.
Regard being had to the submissions made on behalf of the parties and considering the materials available on record and the fact that co-accused person, against whom, there was
Patna High Court CR. MISC. No.55353 of 2022(2) dt.22-02-2023 3/3 specific allegation has been allowed bail by learned co-ordinate Bench of this Court, coupled with the fair antecedent of the petitioner, let the petitioner, named above, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 1st, Saran at Chapra in connection with Taraiya P.S. Case No. 152 of 2022, subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.
(ii) He will remain present on each and every date of trial till disposal of the case.
(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.
(Harish Kumar, J) shivank/- U T