Sunny Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74099 of 2024 Arising Out of PS. Case No.-401 Year-2023 Thana- BIDUPUR District- Vaishali ====================================================== Sunny Kumar S/o Sadhu Bhagat Resident Of Village- Kutubpur, PS- Bidupur, Distt.- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shivjee Singh, Advocate For the Opposite Party/s :
Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 18-10-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Bidupur P.S. Case No. 401 of 2023 for the offences registered under Section 392 of the Indian Penal Code. Later on Sections 395 and 412 of the Indian Penal Code were added.
3. It is alleged in the prosecution case that on the date of occurrence while informant reached near Kutubpur Chowk with his Auto, four miscreants on two motorcycles intercepted the Auto and on the gun point they looted away cash of Rs. 92,010/- of the informant and also cash of Rs. 20,000/- and one mobile phone from the companion of the informant.
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.74099 of 2024(2) dt.18-10-2024 2/3 case. F.I.R. has been lodged against four unknown persons. During course of investigation name of the petitioner transpired on the confessional statement of co-accused. Nothing has been recovered from possession of the petitioner. Except confessional statement there is no material against the petitioner. Petitioner has no criminal antecedent. He is in judicial custody since 15.07.2024. Similarly situated co-accused persons, namely, Deepak Kumar, Sonu Kumar @ Dhelba and Nirbhay Kumar have already been granted bail by this Court vide order dated 10.05.2024 in Cr. Misc. No. 80865 of 2023, order dated 12.01.2024 in Cr. Misc. No. 81888 of 2023 and order dated 05.07.2024 in Cr. Misc. No. 44907 of 2024 respectively. Charge-sheet has already been submitted against the petitioner. There is no chance of tampering with the evidence or absconding the petitioner.
5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.
6. Considering the submissions made on behalf of the parties, facts and circumstances of the case and period of custody, let the petitioner, named above, be enlarged on bail upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.74099 of 2024(2) dt.18-10-2024 3/3 learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Bidupur P.S. Case No. 401 of 2023. (Sunil Dutta Mishra, J) rakhi/- U T