Sonu Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73164 of 2022 Arising Out of PS. Case No.-33 Year-2021 Thana- SUPAUL District- Supaul ====================================================== SONU SHARMA SON OF LATE SHIV KUMAR SHARMA R/O VILLAGE- BEHRARI, WARD NO.01, P.S.- GHOGHARDIHA, DISTRICTSUPAUL ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Prasad Singh For the Opposite Party/s :

Mr. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-01-2023 Heard the parties.

The petitioner has renewed his prayer for regular bail in connection with S.T. No. 281 / 2021 arising out of Supaul P.S. Case No. 33 of 2021 registered under Section 395 of the IPC and Section 3 / 4 of the Explosive Substance Act inasmuch as earlier bail application of the petitioner vide Cr. Misc. No. 51812 of 2021 was dismissed due to non prosecution on 22/03/2022.

The allegation as per the First Information Report is that 5-6 unknown miscreants entered into the house of the informant and committed dacoity on gun point and looted a sum of Rs.1,00,000/- in cash, 200 grams of gold ornaments, 5 KG silver ornaments etc.

Patna High Court CR. MISC. No.73164 of 2022(2) dt.04-01-2023 2/3 Learned counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged. He further submits that petitioner is not named in the F.I.R. and his name has transpired in the confessional statement of the coaccused / Badal Paswan. He next submits that the co-accused / Pramukh Paswan and Gopal Prasad Yadav has been enlarged on bail by this Court vide Cr. Misc. No. 41676 of 2022 and Cr. Misc. No. 51133 / 2022. He next submits that a few gold ornaments were allegedly recovered from the house of the petitioner but no T.I.P. was conducted for the looted articles. The petitioner has got no criminal antecedent and he is in custody since 23.01.2021.

Taking into consideration the fact that petitioner is in custody since 23.01.2021 i.e. for almost two years, the fact that similarly situated co-accused persons have been granted bail by this Court and the petitioner is having no criminal antecedent, I am inclined to grant regular bail to the petitioner. Let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 25,000/- ( twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Addl. District Judge-II, Supaul in connection with S.T. No. 281 / 2021 arising out of Supaul P.S.

Patna High Court CR. MISC. No.73164 of 2022(2) dt.04-01-2023 3/3 Case No. 33 of 2021 on the following condition:- (i) that the petitioner shall remain present on each and every date during the course of trial and in case of default on two consecutive dates on the part of the petitioner, his bail bond shall liable to be cancelled.

(Anil Kumar Sinha, J) praful/- U T