Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71682 of 2023 Arising Out of PS. Case No.-97 Year-2023 Thana- BHAGWANPUR District- Begusarai ====================================================== SONU KUMAR SON OF ARUN RAY R/O WARD NO. 2, JAGDISHPUR, P.S.- BHAGWANPUR, DISTRICT- BEGUSARAI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s with CRIMINAL MISCELLANEOUS No. 74887 of 2023 Arising Out of PS. Case No.-97 Year-2023 Thana- BHAGWANPUR District- Begusarai ====================================================== DUKHAN KUMAR @ RAMESH SON OF KARI PASWAN R/O VILLAMWA, P.S.-TEGHRA, DIST.-BEGUSARAI, AT PRESENT VILLJAGDISHPUR, PS.-BHAGWANPUR, DIST.-BEGUSARAI ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 71682 of 2023) For the Petitioner/s :

Mr. Ranjay Kumar Patel For the Opposite Party/s :

Mr. Aditya Narayan Singh.1 (In CRIMINAL MISCELLANEOUS No. 74887 of 2023) For the Petitioner/s :

Mr. Arjun Prasad For the Opposite Party/s :

Mr. Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 06-02-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek regular bail in connection with Bhagwanpur P.S. Case No. 97 of 2023 for the offence registered under Sections 392, 397 of the I.P.C.

Patna High Court CR. MISC. No.71682 of 2023(3) dt.06-02-2024 2/3

3. Allegation against the petitioners is that they along with other accused persons committed loot with the informant of an amount of Rs. 53575/-, a mobile phone and key of his motorcycle and fled away.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case only on the basis of suspicion. FIR has been lodged against unknown persons and on the confessional statement of co-accused Vikram Kumar, their name transpired in this case. No incriminating article has been recovered from possession of the petitioners. The seized cash of Rs. 5,000/- belongs to the petitioners and was not looted cash as alleged. Petitioners are in jail custody since 09.06.2023. There is only one criminal antecedent of petitioner namely Dukhan Kumar @ Ramesh in which he is on bail. Charge-sheet has already been submitted and there is no chance of absconding of the petitioners or tampering with the evidence.

5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioners.

6. Considering the submissions on behalf of the parties and the facts and circumstances of the case, let the petitioners, named above, be enlarged on bail

Patna High Court CR. MISC. No.71682 of 2023(3) dt.06-02-2024 3/3 on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned concerned court below in Bhagwanpur P.S. Case No. 97 of 2023.

(Sunil Dutta Mishra, J) khushbu/- U T