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Patna High CourtCR. MISC./40944/2018bail granted

Sonu Kumar v. The State Of Bihar

2018-07-11Justice Smt. Nilu Agrawal3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40944 of 2018 Arising Out of PS.Case No. -109 Year- 2018 Thana -LAHERIMUHALLA District- NALANDA (BIHARSHARIFF) ====================================================== Sonu Kumar, Son of Kamlesh Saw, Resident of Village- Bari Pahari, Police Station- Laheri, District- Nalanda.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vibhuti Ranjan Sonvadra For the Opposite Party/s : Mr. Sri Nand Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 11-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Laheri P.S. Case No. 109 of 2018 for offences punishable under Sections 356, 379, 34, 411 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that while he along with his uncle had gone to Hiranya hill, the petitioner along with four persons snatched Rs. 2000/- and his mobile who on report to the police, two persons including the petitioner were apprehended who named two other persons. On searched from the possession of the petitioner, the mobile belonging to informant was recovered while Rs. 2000/- snatched

Patna High Court Cr.Misc. No.40944 of 2018 (2) dt.11-07-2018 2/3 by the miscreants was recovered from the pocket of co-accused Akash Kumar.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has been falsely implicated in the aforesaid case. He submits that because of dirty village politics, the petitioner has been made accused and is languishing in judicial custody since 29.04.2018. The petitioner undertakes to cooperate in the investigation and trial.

However, learned APP for the State opposes the prayer for bail stating therein that the petitioner was caught red handed with the mobile.

Considering the facts and circumstances and the materials on record as well as that the petitioner is of 19 years, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda (Biharsharif) in connection with Laheri P.S. Case No. 109 of 2018, subject to the conditions that: (1) One of the bailors would be a close relative of the petitioner

Patna High Court Cr.Misc. No.40944 of 2018 (2) dt.11-07-2018 3/3 having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

(2) Petitioner will cooperate in the investigation and be available before the police/court as and when required failing which will entail cancellation of his bail bonds.

(Nilu Agrawal, J) Devendra/- U T