Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16534 of 2018 Arising Out of PS.Case No. -38 Year- 2013 Thana -PARSABAZAR District- PATNA ======================================================

1. Sonu Kumar, Son of Madan Mohan Paswan, resident of VillageBanauli Khurd, P.S.- Kharki Moar, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Anuj Kumar, Advocate For the Opposite Party/s : Smt. Reena Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 25-06-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Section 396 of the Indian Penal Code and Section 27 of the Arms Act.

The FIR of the occurrence of dacoity and murder is against unknown.

Submission of the learned counsel for the petitioner is that the petitioner is in custody since 06.12.2017 and he has got no criminal antecedent. Investigation of the case is already complete. Only material against the petitioner is confessional statement of co-accused before the police wherein there is no allegation of commission of assault by the petitioner;

Patna High Court Cr.Misc. No.16534 of 2018 (7) dt.25-06-2018 P2/ rather commission of fire-arm injury to the deceased. Learned Additional Public Prosecutor for the State opposed the prayer for bail.

Considering the fact that there is no substantial material against the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Parsa Bazar P.S. Case No.38 of 2013, with condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Mkr./- U T