Sonu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72025 of 2025 Arising Out of PS. Case No.-155 Year-2023 Thana- GWALPARA District- Madhepura ====================================================== Sonu Kumar S/O Kailash Yadav R/O Village - Defra, P.S- Gwalpara, Arar, OP, District- Madhepura.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shailendra Kumar Singh, Advocate Mr. Deepak Kumar Singh, Advocate For the Opposite Party/s :
Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-11-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 393 and 307 of the Indian Penal Code as well as Section 27 of the Arms Act.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that while he was returning to his house on his motorcycle when he was intercepted by four accused persons and they snatched his motorcycle on gun point and, at the same time, one of the miscreants fired causing injury, on hearing the sound of firing, villagers gathered when three miscreants
Patna High Court CR. MISC. No.72025 of 2025(2) dt.01-11-2025 2/3 managed to escape from the spot and one accused was caught by the villagers on chase, thereafter police came and informant was taken to hospital.
4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is submitted that the FIR was instituted against unknown and the name of the petitioner transpired in the confessional statement of the accused who was apprehended from the spot in police custody which does not have any evidentiary value. It is next submitted that apart from confession, no material has transpired which would even remotely connect the petitioner with the offence.
5. The learned APP vehemently opposes the anticipatory bail application by submitting that it is a case of road robbery and a specific allegation is alleged that the miscreants fired causing firearm injury to the informant and even looted his motorcycle. It is also submitted that no doubt confessional statement in police custody does not have any evidentiary value but then the name of the petitioner transpired in the confession of the accused who was apprehended by the villagers on the spot and investigation in the case is continuing, as such, if privilege of anticipatory bail is granted, the petitioner
Patna High Court CR. MISC. No.72025 of 2025(2) dt.01-11-2025 3/3 may abscond or try to tamper with the evidence.
6. Considering the submissions made by the learned APP, this Court does not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer for grant of anticipatory bail to the petitioner is hereby rejected in connection with Gwalpara (Arar O.P.) P.S. Case No.155 of 2023, pending in the court of learned Judicial Magistrate, 1st Class, Uda-Kishunganj, Madhepura.
(Satyavrat Verma, J) Sanjay/- U T