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Patna High CourtCR. MISC./72721/2022allowed

Sonu @ Rakesh Kumar @ Rakesh Kumar Sonu @ Sonu Jamui v. The State Of Bihar

2023-06-20Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72721 of 2022 Arising Out of PS. Case No.-129 Year-2022 Thana- GARDANIBAG District- Patna ====================================================== Sonu @ Rakesh Kumar @ Rakesh Kumar Sonu @ Sonu Jamui Son Of Anil Ram R/O Tal Saharsa, P.S.- Sikandra, Distt.- Jamui, Permanent AddressPanchvati Nagar Near Samudayik Bhawan, Renter In The House Of Pahalwan Ji, P.S.- Bahadurpur, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nityanand Kumar For the Opposite Party/s :

Mr. Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 307/34 of the Indian Penal Code and Section 27 of Arms Act.

The prosecution case, in nutshell is that when the informant was at his mobile shop then two persons came and started inquiring about mobile phones and third person came and started abusing. When the informant opposed, one of them fired upon him due to which informant sustained injuries. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Neither the petitioner is named in the FIR

Patna High Court CR. MISC. No.72721 of 2022(3) dt.20-06-2023 2/2 nor any incriminating article has been recovered from conscious possession. The name of the petitioner has been transpired in this case on the basis of confessional statement of co-accused namely, Alok Kumar who is already getting the privilege of bail granted by this Court vide order dated 14.2.2023 passed in Cr. Misc. No. 46732 of 2022, hence of the case of this petitioner stands on similar footing of that of the co-accused. Moreover, the petitioner is languishing in judicial custody since 17.5.2022. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Gardanibagh P.S. Case No. 129 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M.-Ist, Patna.

(Sunil Kumar Panwar, J) Amandeep/- U T