Sonu Kumar @ Sonu Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2698 of 2024 Arising Out of PS. Case No.-289 Year-2023 Thana- MIRGANJ District- Gopalganj ====================================================== Sonu Kumar @ Sonu Kumar Yadav Son Of Nagina Yadav Resident Of Village- Mardanpur, P.S.- Daraunda, District- Siwan, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prashant Kumar, Advocate For the Opposite Party/s :
Mr.Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 31-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Mirganj P.S. Case No. 289/2023 lodged on 28.07.2023 under Sections 413, 414, 420, 467, 468, 471, 34 of the Indian Penal Code.
3. As per the prosecution case, the FIR has been lodged against 6 named accused persons including the present petitioner. From the possession of the petitioner one bike subject to theft has been recovered and on the confession of the apprehended co-accused persons, including the petitioner, several bikes, subject to theft, have been recovered.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The
Patna High Court CR. MISC. No.2698 of 2024(2) dt.31-01-2024 2/3 petitioner is in custody since 28.07.2023 having no criminal antecedent and the chargesheet has already been submitted. Learned counsel for the petitioner further submits that one coaccused, namely, Sonu Kumar Singh has been granted bail by a co-ordinate Bench of this Court vide order dated 18.10.2023, passed in Criminal Miscellaneous No. 66055/2023.
5. Learned counsel for the State opposes the prayer for bail and submits that from the allegation levelled in the FIR and the seizure list, it transpires that the petitioner and other accused persons used to run a gang by which they used to sell the motorcycle subject to theft.
6. Upon specific query from the counsel for the petitioner whether the charge has been framed or not, learned counsel for the petitioner submits that he is not aware about the fact whether the charge has been framed or not.
7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named be released on bail, but only after framing of charge, if already not framed, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-XV, Gopalganj, in connection with Mirganj P.S. Case No.289/2023, subject to the
Patna High Court CR. MISC. No.2698 of 2024(2) dt.31-01-2024 3/3 conditions as laid down under Section 437(3) of the Code of Criminal Procedure.
(Dr. Anshuman, J) Ashwini/- U T