Sonu Kumar @ Mini Bulet v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64119 of 2022 Arising Out of PS. Case No.-94 Year-2022 Thana- KHAJEKALA District- Patna ====================================================== Sonu Kumar @ Mini Bulet Son Of Late Fekan Prasad Sada R/O Vill.- Dirapar, P.S.- Chowk, Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Kumar, Advocate For the Opposite Party/s :
Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 21-02-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with S.Tr. No. 1080 of 2022 arising out of Khajekala P.S. Case No. 94 of 2022 registered for the offence under Sections 302, 120(B)/34 of the Indian Penal Code and Section 27 Arms Act.
The accused/petitioner is named in the F.I.R. and is in custody since 08.04.2022 The allegation against the petitioner is to commit murder of the son of informant alongwith other named and unknown accused persons by causing firearm injuries due to long standing previous enmities.
Patna High Court CR. MISC. No.64119 of 2022(2) dt.21-02-2023 2/3 Learned counsel appearing on behalf of the petitioner submitted that allegation of firing is appearing very much general and omnibus against this petitioner. It is further submitted that it appears highly improbable that to receive only two gun shot injuries in the background of the allegation, whose firing was alleged to be made indiscriminately, in narrow street of Patna City. It is also submitted that none receiving of any firearm injury by the informant, who alleged to be accompanied with the deceased, is also creating a doubt, as to whether he is an eye witness of the occurrence. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case is completed, where charge-sheet has been submitted, as such, there is no chance of tampering with the evidence. Learned APP opposes the prayer of bail.
Considering the facts and circumstances as mentioned above and by taking note of general allegation of firing, coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with S.Tr. No. 1080 of 2022 arising out of Khajekala P.S. Case No. 94 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.64119 of 2022(2) dt.21-02-2023 3/3 each to the satisfaction of learned Addl. District & Sessions Judge-IV, Patna City/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) veena/- U T