Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61330 of 2025 Arising Out of PS. Case No.-507 Year-2024 Thana- BARACHATTI District- Gaya ====================================================== Sonu Kumar Son of Chalitar Prasad R/o Village - Rakasi, P.S. - Barachatti, Dist . - Gaya, Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Javed Jafar Khan, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Barachatti P.S. Case No. 507 of 2024 instituted for the offence under Sections 309(4) of the Bharatiya Nyaya Sanhita, 2023. 3.

The informant alleged that on 23-11-2024, while going to his Sasural near Choriya More, three miscreants stopped his motorcycle. They assaulted him and snatched his Pulsar 125 (Reg. No. BR02BE-3029) motorcycle. They also took Rs.1,720/- cash and his Realme mobile.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 25-11-2024. Petitioner

Patna High Court CR. MISC. No.61330 of 2025(2) dt.04-09-2025 2/3 bears no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has transpired on the basis of confessional statement of coaccused, namely, Chotu Kumar, and the same has no evidentiary value in the eye of law. Nothing has been recovered from the conscious possession of the petitioner. Looted motorcycle is recovered from the possession of co-accused Chotu Kumar. There is no compliance of Section 103 of the BNSS, 2023. Charge sheet has already been submitted in this case. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, manner of petitioner's implication and charge sheet being submitted, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Barachatti P.S. Case

Patna High Court CR. MISC. No.61330 of 2025(2) dt.04-09-2025 3/3 No. 507 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T