Pravin Kumar Sony @ Praveen Kr. Soni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5625 of 2019 Arising Out of PS. Case No.-107 Year-2017 Thana- SINGHIYA District- Samastipur ====================================================== Pravin Kumar Sony @ Praveen Kr. Soni Late Asharfi Sony Resident of Village- Koriya Haibatpur, P.S.- Muffasil Begusarai, District- Begusarai. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Jagdhar Prasad For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 21-02-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Singhiya P.S. Case No. 107 of 2017 registered for the offence punishable under Sections 115, 120B, 353 of the Indian Penal Code and Section 25(1-B)a, 26, 35 of the Arms Act.

Petitioner has earlier moved this Court for bail vide Criminal Miscellaneous No. 8912 of 2018 which was rejected on 03.04.2018 with observation that petitioner may renew his prayer of bail, if trial is not concluded within six months. Informant has alleged that four miscreants were apprehended by the police from a Bolero vehicle and recovered arms from the possession of some of them and they disclosed

Patna High Court Cr.Misc. No.5625 of 2019(3) dt.21-02-2019 2/3 that they were hired as contract killer by the petitioner to kill one Kailash Rai owner of Jagdamba Travels.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case on the basis of confessional statement of co-accused. There is no recovery either from the possession of petitioner or from the house of petitioner. It has been further submitted that coaccused, namely, Sanjeev Kumar Singh and Mangal Kamti have been granted bail by the court below itself. Petitioner is in custody since 17.07.2017.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon 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., Rosera, District- Samastipur, in connection with Singhiya P.S. Case No. 107 of 2017 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each

Patna High Court Cr.Misc. No.5625 of 2019(3) dt.21-02-2019 3/3 and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/- U T