Sonu Shud @ Amamul Haque @ Sonu Nigam @ Sonu Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73503 of 2024 Arising Out of PS. Case No.-189 Year-2024 Thana- PAHARPUR District- East Champaran ====================================================== Sonu Shud @ Amamul Haque @ Sonu Nigam @ Sonu Alam Ayub Miyan Village- Dudhahi, Nashitola, Ward No.-10, P.S. Harsidhi, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s :
Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-10-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Paharpur P.S. Case No. 189 of 2024 instituted for the offences under Sections 414, 34 of the Indian Penal Code and 25(1-b)a, 26, 35 of the Arms Act.
3. Prosecution case, is short, is that, two countrymade pistols loaded with two live cartridges and two other live cartridges have been recovered from the possession of the coaccused person.
Patna High Court CR. MISC. No.73503 of 2024(2) dt.04-10-2024 2/3
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. The name of the petitioner transpired in this case on the basis of confessional statement of the co-accused, namely, Rupesh Kumar Ram @ Prince Kumar. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner has got no concern with the recovered arms and ammunitions. It has been submitted on behalf of the petitioner that the petitioner has one criminal antecedent. There is no compliance of Section 100 of the Cr.P.C. The co-accused person has already been granted regular bail by this Bench vide order dated 31.08.2024 passed in Cr. Misc. No. 59890 of 2024.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, in the event of arrest/surrender before the lower court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Paharpur P.S. Case
Patna High Court CR. MISC. No.73503 of 2024(2) dt.04-10-2024 3/3 No. 189 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Rudra Prakash Mishra, J) Alok Verma/- U T