Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68269 of 2022 Arising Out of PS. Case No.-10 Year-2020 Thana- VAISHALI District- Vaishali ====================================================== Sonu Kumar Son of Banarash Ray R/V- Keshopur, P.O- Balukaram, P.S and Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bela Singh, Advocate For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 15-03-2023 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 Vaishali P.S. Case No. 10 of 2020 registered for the offence under Section 414 of the Indian Penal Code (for short 'I.P.C.'). The accused/petitioner is not named in the F.I.R. and is in custody since 28.04.2022.

The allegation against the petitioner is to involve in sale and purchase of stolen goods/motorcycles alongwith other co-accused persons.

Learned counsel appearing on behalf of the petitioner submitted that petitioner has been falsely implicated in present

Patna High Court CR. MISC. No.68269 of 2022(2) dt.15-03-2023 2/3 case on the basis of confessional statement of named co-accused persons, namely, Javed Alam and Adarsh Kumar. It is submitted that consequent upon said confession petitioner remanded in present case from Vaishali P.S. Case No. 56 of 2020, where he is on bail. It is submitted that in furtherance of confessional statement, no stolen goods were recovered from this petitioner to connect the petitioner with present allegation. It is submitted that petitioner found involved in 11 criminal cases, where he is on bail in 9 cases, where in most of the cases name of petitioner surfaced on the basis of confessional statement, as of the present case. While concluding the argument, it has been submitted that investigation of this case has been completed, for which, chargesheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP for the State opposes the prayer of bail. Considering the facts and circumstances as mentioned above, as no incriminating material recovered from the possession of this petitioner, which may connect the petitioner with present set of occurrence coupled with the fact that chargesheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Vaishali P.S. Case No. 10 of 2020 on furnishing bail bond of

Patna High Court CR. MISC. No.68269 of 2022(2) dt.15-03-2023 3/3 Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur/concerned Court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C. (Chandra Shekhar Jha, J.) pooja/- U T