Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69106 of 2022 Arising Out of PS. Case No.-242 Year-2022 Thana- KALYANPUR District- East Champaran ====================================================== 1.

SONU KUMAR Son of Shivnath Sah Resident of Village- Chakaniya, P.S.- Pipra, District- East Champaran at Motihari 2.

RAJU KUMAR Son of Vijay Prasad Resident of Village- Chakaniya, P.S.- Pipra, District- East Champaran at Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binay Kumar, Adv.

For the Opposite Party/s :

Mr. Suresh Pd. Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 13-04-2023 Let the defects, if any, pointed out by the office be removed within three weeks from the date of this order, failing which the matter be listed again under the appropriate heading for necessary action.

Heard learned counsel for the petitioners and the learned APP for the State.

Petitioners seek regular bail in connection with Kalyanpur P.S. Case No. 242 of 2022 dated 03.09.2022 registered for the offences punishable under Sections 413 and 414/34 of the Indian Penal Code.

As per the prosecution, the informant along with other police personnel acting upon a secret information apprehended

Patna High Court CR. MISC. No.69106 of 2022(4) dt.13-04-2023 2/3 both the petitioners and other co-accused person from whose possession two motorcycles were recovered. It is further alleged that the alleged motorcycles were stolen.

The main submissions advanced by petitioners' counsel are that two motorcycles were recovered from the possession of these petitioners and co-accused person and the said motorcycles were suspected to be stolen and the numberplates fixed on the said motorcycles, were found to be forged but the said allegations are completely false and the petitioners were riding on the said motorcycles bonafidely and moreover they have been languishing in jail since 04.09.2022 and the investigation has been completed against them and there is only one criminal antecedent against petitioner No. 1 while petitioner No. 2 has fair and clean antecedent.

Learned APP appearing for the State has opposed the bail prayer.

Considering the above submissions and mainly the petitioners' young age mentioned in the petition and their custody period, in my opinion, both the petitioners deserve to a lenient approach of this Court. Accordingly, let both the petitioners named-above be enlarged on bail after framing of charge, on furnishing bail bonds of Rs.10,000/-(Ten Thousand)

Patna High Court CR. MISC. No.69106 of 2022(4) dt.13-04-2023 3/3 each with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Kalyanpur P.S. Case No. 242 of 2022.

(Shailendra Singh, J) annu/- U T