Sanoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70415 of 2021 Arising Out of PS. Case No.-113 Year-2021 Thana- DERNI BAZAR District- Saran ====================================================== SANOJ KUMAR Son of Birendra Paswan Resident of village - Barbatta, P.S.- Sonpur, District - Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Mohan Singh, Advocate For the Opposite Party/s :

Mr. Satya Nand Shukla, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-05-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks bail in a case registered for the offences punishable under Sections 457 and 380 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is in custody since 01.08.2021, is a person with clean antecedent till today and charge-sheet has been submitted. The informant alleges that on 11.07.2021 unknown thieves committed theft in his house and stolen away the articles as detailed in the FIR.

Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in the

Patna High Court CR. MISC. No.70415 of 2021(2) dt.05-05-2022 2/2 present case based on the confessional statement of co-accused Jyotish Kumar that the auto of the petitioner was used in the occurrence. It is submitted that though the accused alleges that the auto of the petitioner was used in the occurrence but there is no recovery of any auto during the course of investigation. Learned counsel further submits that in the impugned order, it is recorded that petitioner and another co-accused have twelve antecedent but it is not the fact. Learned counsel on instruction emphatically submits that petitioner is a person with clean antecedent and in none of those twelve cases as mentioned in the impugned order the petitioner till today has been remanded.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 01.08.2021, is a person with clean antecedent and chargesheet has been submitted, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Derni P.S. Case No. 113 of 2021. (Satyavrat Verma, J) Kundan/- U T