Sonu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55351 of 2025 Arising Out of PS. Case No.-225 Year-2024 Thana- RAMKRISHNANAGAR District- Patna ====================================================== Sonu Kumar S/O Ram Babu Yadav @ Rambabu Rai @ Rambabu Singh R/O Village- Sheikhpura, P.S.- Ram Krishna Nagar, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Prasad Singh, Advocate :
Mr. Rakesh Singh, Advocate For the State :
Mr. Jitendra Kumar Singh, APP For the Informant :
Mr. Danish Sami, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 12-08-2025 Heard Mr. Krishna Prasad Singh, learned Senior Counsel for the petitioner and Mr. Jitendra Kumar Singh, learned APP representing the State as also Mr. Danish Sami, learned counsel representing the informant.
2. The petitioner is in custody in connection with Sessions Trial No. 966 of 2025 arising out of Ram Krishna Nagar P.S. Case No. 225 of 2024 for the offence punishable under sections 307, 379, 341, 323, 504, 506 and 34 of the Indian Penal Code and section 27 of the Arms Act, lodged on 14.03.2024 by the informant, Sanjit Rai.
3. As per the prosecution story, the informant alleged that while he was returning home, the accused persons stopped
2/4 his motorcycle and thereafter this petitioner assaulted him. Later, he whipped out a pistol after threatening and opened fire which fortunately did not hit him. As they left the place, the informant could see that his gold chain in the neck is missing. This led to the F.I.R.
4. Learned Senior Counsel for the petitioner submits that admittedly he has criminal antecedent and which gave alibi to the informant to lodge the present case against him even going by the F.I.R., no case is made out and he has already remained in custody since 18.09.2024.
5. Learned counsel representing the informant submits that in the present case, one witness has been killed and the allegation has come against the accused persons including this petitioner.
6. Having gone through the facts of the case, it is true that petitioner has criminal antecedent, this Court has to take into account the contents of the present F.I.R. according to which the allegation is that he has been assaulted, no injury report is there, further allegation of opening fire is there but the F.I.R. itself shows that he saved himself, the trial is on, an undertaking has been given that he shall be diligently appearing in trial without fail, taking into account his judicial custody
3/4 period i.e. almost eleven month, in that background, this Court is inclined to extend him the privilege of bail.
7. 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 Additional Sessions Judge-XXVIII, Patna, in connection with Sessions Trial No. 966 of 2025 arising out of Ram Krishna Nagar P.S. Case No. 225 of 2024 subject to the following conditions: (i) one of the bailor should be the family member/relative 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 bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight till the conclusion of the trial to mark his attendance;
(iv) 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;
4/4 (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.
8. This Court would like to put on record its word of appreciation for Mr. Danish Sami, learned counsel representing the informant for the assistance rendered in the matter. (Rajiv Roy, J) vinayak/- U T