Sonu Singh @ Mitka v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71363 of 2023 Arising Out of PS. Case No.-156 Year-2022 Thana- PHULWARIA District- Begusarai ====================================================== 1.

Sonu Singh @ Mitka S/O Dilip Singh R/O Village- Sabaura, Ward No. 14, P.S- Barauni (REFINERY O.P.), Distt.- Begusarai. 2.

Abhishek Kumar S/O Tuntun Sharma R/O Vill. Ratanpur, Vishanpur, Ward No. 17, P.S- Town Ratanpur O.P, 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 29-01-2024 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 302, 120(B)/34 of the Indian Penal Code and Section 27 of Arms Act. As per prosecution case, unknown miscreants fired upon the informant's brother due to which he succumbed to fire arm injuries.

It is submitted by learned counsel for the petitioners that the petitioners are innocent and they

Patna High Court CR. MISC. No.71363 of 2023(3) dt.29-01-2024 2/3 have committed no offence. They have falsely been implicated in the present case. Neither the petitioners are named in F.I.R. nor there is any eye witness of the alleged offence. Nothing incriminating has been recovered from the conscious possession of the petitioners. They have not been put on T.I.P. the name of petitioners sprang up in this case on the confessional statement of co-accused Shivam and Rishu and their self confessional statement before the police, which has no evidentiary value in the eye of law. Moreover, the petitioners are languishing in judicial custody since 27.04.2023. Similarly situated several co-accused persons have been granted bail by this Court as well as Co-ordinate Bench of this Court.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody,

Patna High Court CR. MISC. No.71363 of 2023(3) dt.29-01-2024 3/3 this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Phulwaria P.S. Case No. 156 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate I, Begusarai.

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