Sonu Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20734 of 2018 Arising out of P.S. Case No.306 Year 2016 Thana BETTIAH CITY District West Champaran ====================================================== Sonu Patel S/o Ranvijay Kumar Patel, R/o Mohalla- Banuchhapara Shiv Mandir, P.S.- Banuchhapar O.P.- District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar For the Opposite Party/s :

Mr. Sri Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 27-07-2018 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner, already in custody, seeks bail in connection with Bettiah Town P.S. Case No.306 of 2016, registered under Section 302 of the Indian Penal Code as well as under Section 27 of the Arms Act.

Allegation in the FIR is that the informant's servant while sleeping in verandah was killed by gun shot by unknown miscreants.

Learned counsel for the petitioner submits that the FIR is against unknown and there is no evidence to connect the petitioner in the present occurrence, the only material transpired during investigation against the petitioner is disclosure of his name in the confessional statement of Prakash Kumar and some other co-accused, Kunal Thakur and Bharat Patel, who had made

Patna High Court Cr.Misc. No.20734 of 2018(3) dt.27-07-2018 2/2 confessional statement and were made accused in this case but these accused persons have been admitted to bail by co-ordinate Benches of this Court vide order dated 01.12.2017, passed in Cr. Misc. No.48777 of 2017 and order dated 21.12.2017, passed in Cr. Misc. No.61588 of 2017, besides the petitioner has criminal antecedents, except that there is no other material against the petitioner and another co-accused Shesh Patel was granted bail by this Court having similar nature of evidence as is against the petitioner vide order dated 18.06.2018, passed in Cr. Misc. No.21085 of 2018.

Having considered the aforesaid facts and circumstances, petitioner Sonu Patel is directed to 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 CJM, Bettiah, West Champaran in connection with Bettiah Town P.S. Case No.306 of 2016 with condition that the petitioner shall remain physically present on each and every date before the trial court and if he absents himself on two consecutive dates without any reasonable cause, his bail bond shall liable to be cancelled. (Arun Kumar, J) S.KUMAR/- U T