Sonu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79311 of 2024 Arising Out of PS. Case No.-240 Year-2021 Thana- PIPRA District- Supaul ====================================================== Sonu Kumar Son of Raj Kumar Raman @ Ful Bahadur R/O Vill.- Parariya, Ward no. 4, P.S.- Madhepura, Bharrahi O.P. Dist.- Madhepura. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Binod Kumar Sinha, Adv.
For the Opposite Party/s :
Mr. Nand Kishore Prasad, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 29-01-2025 Heard the parties.
2. The petitioner seeks bail in connection with Pipra P.S. Case No. 240 of 2021 registered for the offence under Sections 393, 397, 302, 120B of the I.P.C. and 27 of Arms Act.
3. The petitioner is not named in the F.I.R. and is in custody since 02.11.2021.
4. The allegation against the petitioner is to commit robbery in the shop of the informant along with other co-accused persons, where during committing robbery allegation is to commit the murder of the brother of the informant also, who was available at the shop
2/4 during the occurrence.
5. Learned counsel appearing on behalf of the petitioner submitted that petitioner was not named in FIR and his name transpired during the course of investigation on the basis of confessional statement of co-accused namely Anand Prakash @ Bhanu Yadav, in furtherance of which nothing incriminating appears/surfaced as to connect petitioner prima-facie with present occurrence of murder. It is submitted that the petitioner was not put on TIP and moreover similarly situated co-accused persons namely, Nitish Kumar has been granted bail by one of the co-ordinate Bench of this Court through Cr. Misc. No. 55494 of 2022 dated 17.02.2023. It is submitted that one of the reason for false implication of the petitioner is suspicion arising out of his criminal antecedents, as he was alleged to be involved in five more criminal cases of almost similar nature, wherein almost in all cases his name transpires on the basis of confessional statement as of the present case, having otherwise no evidentiary
3/4 value under the law. It is pointed out that in all five criminal cases petitioner is in on bail. While concluding argument it is submitted that investigation of this case is completed, as such, there is no chances of tampering with the evidence.
6. Learned APP opposes the prayer of bail.
7. In view of aforesaid facts and submission and by taking note of fact as save and except suspicion arising out of confessional statement of co-accused nothing incriminating prima-facie appears available against this petitioner as to connect him with present occurrence of robbery and murder, coupled with fact that investigation of this case is already completed where petitioner is in custody since 02.11.2021, accordingly petitioner above named, is directed to be released on bail in connection with Pipra P.S. Case No. 240 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge V, Supaul/concerned court,
4/4 subject to the conditions as mentioned under Section 437(3) of the Cr.P.C/ Section 480(3) of BNSS. (Chandra Shekhar Jha, J) Sudha/- U T