Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61725 of 2022 Arising Out of PS. Case No.-230 Year-2021 Thana- GANGABRIDGE District- Vaishali ====================================================== Sonu Kumar S/o Basudeo Paswan @ Basadev Paswan R/v- Sahdullahpur, P.S.- Ganga Bridge, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok, Adv.

For the Opposite Party/s :

Mr. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-02-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Ganga Bridge P.S. Case No. 230 of 2021 lodged under Sections 399, 402 of the I.P.C. read with Sections 25(1-b)a/ 26/ 35 of the Arms Act.

As per the prosecution case, the recovery of one country made pistol and one live cartridge have been made from the possession of the petitioner Learned counsel for the petitioner submits that in the F.I.R., case has been filed against 5 accused persons. He submits that the other similarly situated co-accused persons have been

Patna High Court CR. MISC. No.61725 of 2022(2) dt.24-02-2023 2/3 granted bail by the Co-ordinate Bench of this Court vide order dated 13.07.2022 and 15.07.2022 passed in Cr. Misc. No. 14319 of 2022 and Cr. Misc. No. 14945 of 2022 respectively. Counsel further submits that petitioner is in custody since 18.10.2021. He also submits that there are 2 criminal cases pending against him and in both the cases, he is on bail. Counsel further submits that petitioner is ready to fulfill all the conditions whatsoever shall be imposed upon him by the Court.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M. Vaishali at Hajipur in connection with Ganga Bridge P.S. Case No. 230 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of

Patna High Court CR. MISC. No.61725 of 2022(2) dt.24-02-2023 3/3 his bail bond.

B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) sadique/- U T