Patna High CourtCR. MISC./62154/2022allowed

Sonu Kumar @ Sanjeev Kumar v. The State Of Bihar

2023-02-09Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62154 of 2022 Arising Out of PS. Case No.-28 Year-2020 Thana- MOTIPUR District- Muzaffarpur ====================================================== Sonu Kumar @ Sanjeev Kumar Son Of Nandu Pandit R/O Vill.- Sadha Dambar, Ojha Tola, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajiv Kumar For the Opposite Party/s :

Mr. Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 399, 402 of the Indian Penal Code and Section 25(1-b)a, 26, 35 of the Arms Act.

As per prosecution, it is a case of preparation of commission of offence and recovery of incriminating articles. Learned counsel for the petitioner submits that name of the petitioner surfaced in this case on the basis of confessional statement of one co-accused Uday Kumar. No fire arm or any other incriminating articles have been recovered from the possession of the petitioner. Petitioner was not apprehended on the spot. Similarly situated co-accused Uday

Patna High Court CR. MISC. No.62154 of 2022(2) dt.09-02-2023 2/2 Kumar and Rahul Kumar have been granted bail by this Court vide order dated 20.10.2020 in Cr. Misc. No. 27652 of 2020 and vide order dated 26.11.2021. Petitioner is in custody since 11.08.2021.

Learned APP appearing for the State has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with S. Tr. No. 185/2022, arising out of Motipur P.S. Case No. 28 of 2020, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, 15th Muzaffarpur.

(Sunil Kumar Panwar, J) Ranjeet/- U T