Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69222 of 2021 Arising Out of PS. Case No.-295 Year-2020 Thana- SARAI District- Vaishali ====================================================== Sonu Kumar Son of Suresh Thakur Resident of Village - Inayatpur Parbodhi, P.S.- Sarai, Distt.- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dinesh Jha For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-03-2022 Heard learned counsel for the parties.

The petitioner seeks bail in Sarai P.S. Case No. 295 of 2020, registered for the offence under Section 363, 365 of the Indian Penal Code and later on, Sections 302, 120(B)/34 of the Indian Penal Code were added.

Initially, the F.I.R. was lodged against unknown, but subsequently, after recovery of the dead-body of deceased, the informant filed an application stating therein that he suspects this petitioner alongwith others might have killed his brother, since in the past also, this petitioner had threatened the deceased.

It is submitted on behalf of petitioner that petitioner has been made accused in this case only on suspicion. Informant is not the eye-witness of the occurrence. It is further submitted

Patna High Court CR. MISC. No.69222 of 2021(2) dt.07-03-2022 2/2 that only material against this petitioner is that during course of investigation, two witnesses namely Sone Lal Singh and Lalu Kumar have stated that they saw this petitioner and other coaccused persons fleeing away from the orchard where the deadbody of deceased was found. Similarly situated co-accused persons have already been granted bail by this Court and petitioner is in custody since 09.09.2021.

Learned counsel for the State and informant opposed the bail petition.

Considering the aforesaid facts and circumstances, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. - XVI, Hajipur, Vaishali in connection with Sarai P.S. Case No. 295 of 2020. (Prabhat Kumar Singh, J) anay/- U T