Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70314 of 2024 Arising Out of PS. Case No.-298 Year-2024 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== Sonu Kumar Son of Harendra Singh @ Harendera Kumar R/O Vill.- Fazilpur, Karwandiya, P.S.- Sasaram, (Muff.), Dist.- Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashwani Kumar Tiwary, Advocate For the Opposite Party/s :

Mr. Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-12-2024 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with Sasaram (Muffasil) P.S. Case No. 298 of 2024 instituted for the offence under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023.

3.

Prosecution case in short is that while the informant was on his way, he was accosted with six unknown miscreants, who on the point of pistol snatched his bag containing a laptop, two mobile phones as also his watch, ATM Card, PAN Card etc.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 31-07-2024. Petitioner is a

Patna High Court CR. MISC. No.70314 of 2024(4) dt.06-12-2024 2/3 man of clean antecedent.

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 during course of investigation. It is alleged that one mobile phone has been recovered from the possession of the petitioner. It is submitted that petitioner gave his own mobile for repairing at the shop of Dheeraj Kumar and in lieu of the said mobile, he gave one mobile for use till repairing of his mobile. Petitioner has no concern with the alleged occurrence. There is no compliance of Section 103 of the BNSS, 2023. Other coaccused has been granted bail by this Court vide order dated 2011-2024, passed in Cr. Misc. No. 70617 of 2024. 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, clean antecedent of the petitioner and manner of petitioner's implication, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.70314 of 2024(4) dt.06-12-2024 3/3 Court below/concerned Court in connection with Sasaram (Muffasil) P.S. Case No. 298 of 2024.

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