Sonu Kumar @ Sonu Prasad @ Sonu Kumar Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62857 of 2023 Arising Out of PS. Case No.-119 Year-2017 Thana- JALALPUR District- Saran ====================================================== SONU KUMAR @ SONU PRASAD @ SONU KUMAR PRASAD SON OF LATE KRISHNA PRASAD RESIDENT OF VILLAGE - CHANDPUR, P.S. - BANIAPUR (BANIYAPUR), DISTRICT - SARAN (CHAPRA) ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arun Kumar Rai, Adv.
For the Opposite Party/s :
Mr.Akhileshwar Dayal, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 379, 411 and 414/34 of the Indian Penal Code.
3. The prosecution case, in brief, is that, on 16.07.2017 at around 07:30 P.M., when the informant was closing his medicine shop, all the accused persons came there and took away his Apache Motorcycle. On raising alarm, the villagers intercepted the miscreants out of whom, one person, who was sitting on the informant's motorcycle, was apprehended, whereas two miscreants succeeding in fleeing away leaving
Patna High Court CR. MISC. No.62857 of 2023(2) dt.17-10-2023 2/3 their motorcycle. The apprehended person disclosed the name of the petitioner.
4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner is not present at the place of occurrence. No any incriminating article has been recovered from his possession or his house. He has been made accused in the present case merely on the basis of the confessional statement of the apprehended co-accused. Petitioner has no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposed the prayer for bail.
6. Having regard to the facts and circumstances of the case, as petitioner has no criminal antecedent, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with
Patna High Court CR. MISC. No.62857 of 2023(2) dt.17-10-2023 3/3 Jalalpur P.S. Case No. 119 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T