Sonu Singh @ Motka v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72404 of 2023 Arising Out of PS. Case No.-440 Year-2022 Thana- BARAUNI District- Begusarai ====================================================== 1.

Sonu Singh @ Motka Son Of Dilip Singh Resident Of Village - Sabaura Ward No. 14, Ps- Baruani, (REFINERY Op), Dist- Begusarai 2.

Abhishek Kumar Son Of Tuntun Sharma Resident Of Village - Ratanpur, Vishanpur, Ward No. 17, Ps- Town Ratanpur Op, Distt- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Binode Bariar For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-12-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are languishing in custody in a case registered for the offences punishable under Sections 120(B), 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

It is alleged by the informant that while he was returning from his matrimonial house, two unknown persons, boarded on a motorcycle, overtook him and started firing indiscriminately, as a result of which, the informant sustained gunshot injuries.

Patna High Court CR. MISC. No.72404 of 2023(3) dt.11-12-2023 2/3 It is submitted by learned counsel for the petitioners that petitioners are innocent and they have falsely been implicated in this case. The petitioners are not named in the F.I.R and their names subsequently surfaced on the confessional statement of co-accused Shivam and Rishu which has no evidentiary value in the eye of law. The petitioners were not apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioners. There is no eye witness to the occurrence. The petitioners have still not been put on T.I.P. The petitioners are languishing in custody since 09.05.2023.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioners.

Considering the facts aforesaid and the period under custody, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) each with two sureties of the like

Patna High Court CR. MISC. No.72404 of 2023(3) dt.11-12-2023 3/3 amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Barauni P.S. Case No. 440 of 2022.

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