Sonu Kumar @ Sonu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71999 of 2021 Arising Out of PS. Case No.-146 Year-2018 Thana- BEUR District- Patna ====================================================== SONU KUMAR @ SONU SINGH S/o Sanjay Singh Resident of VillageKarauna, P.S.- Karauna (O.P.), District- Jehanabad. At present - East Nand Gola Renter in the house of Sarjug Prasad, P.S.- Malsalami, District- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Sinha, Adv For the Opposite Party/s :
Mr.Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 27-04-2022 Heard learned counsel for the parties.
Petitioner who is in custody seeks bail in Beur P.S. Case No. 146 of 2018 (Spl. Case No. 47/18) u/s 324, 307, 353, 224, 511, 120(B) of IPC, Sec-3/5 of Explosive Substance Act, Section 25(1-b)A, 26, 27, 35 of the Arms Act and Section 7, 8, 13 of prevention of Corruption Act.
Allegation against the petitioner is of planting bomb in the prisoners vehicle along with FIR named accused which exploded and on account of which two police personnel became injured. It is further alleged that one live bomb and one sim was recovered from the possession of petitioner.
Patna High Court CR. MISC. No.71999 of 2021(8) dt.27-04-2022 2/3 Learned counsel for the petitioner submits that earlier also, petitioner had moved this Court for grant of regular bail which was rejected vide order dated 07.06.2021 passed in Cr. Misc. No.26450 of 2020, with an observation that petitioner would be at liberty to renew his prayer bail after framing of charge.
Similarly situated co-accused persons have been granted bail by co-ordinate benches of this Court vide orders dated 01.11.2018 in Criminal Miscellaneous No. 55951 of 2018, 06.05.2019 in Criminal Miscellaneous No. 29402 of 2019, 01.10.2019 in Criminal Miscellaneous No. 47121 of 2019 and 25.10.2019 in Criminal Miscellaneous No. 65038 of 2020 on 25.10.2019.
Petitioner is in custody since 15.05.2018.
From perusal of para 3 of the petition, it appears that petitioner has chequered criminal history and has been earlier also involved in similar nature of offence and there is recovery of Bomb from his possession,.
The learned Special Judge while rejecting the bail application has observed in his order dated 12.02.2020 as follows:- "Further allegation is that after production of the 22 prisoners in the Patna City Court the
Patna High Court CR. MISC. No.71999 of 2021(8) dt.27-04-2022 3/3 informant was taking them to Beur Jail and when he reached near Sipara Bridge near Lara Patrol Pump he heard sound of bomb explosion three times from inside the van and there was smoke in the van then the van was stopped but SLC 1293 Ranjeet Kumar Rana received splinter injury in his leg and SLC 2778 Nagendra Kumar received splinter on his eyebrow. Further allegation is that in the meantime the prisoners namely Sonu (petitioner), Sikandar and Aslam started damaging the gate of van in order to flee away, but the police force came in action and closed the gate and the van proceeded for jail on the order of the informant, then the informant saw that seven to eight persons riding on motorcycle and tempo having arms and ammunition in their hands were coming toward prisoner van but seeing the police they took u turn and fled away firing in the air."
In said view of the matter, the prayer for bail of the petitioner is hereby rejected.
However, since petitioner is in custody since 15.05.2018, it is observed that petitioner would be at liberty to renew his prayer for bail after framing of charge. (S. Kumar, J) ranjan/- U