Sonu Kumar @ Sonu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77122 of 2024 Arising Out of PS. Case No.-229 Year-2023 Thana- DUMARIAGHAT District- East Champaran ====================================================== Sonu Kumar @ Sonu Yadav S/o Sanjay Yadav @ Sanjay Kumar Yadav Resident of village -Barharwa Mahanand, PS- Kalyanpur, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Karandeep Kumar, Adv.

For the Opposite Party/s :

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-10-2024 Heard Mr. Karandeep Kumar, learned counsel for the petitioner and Mr. Choubey Jawahar, learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Dumariyaghat P.S. Case No. 229 of 2023 registered for the offences punishable under Section 395 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per prosecution case, the accusation against the accused persons including the petitioner is of being involved in the commission of loot of Rs. 2,48,000/- and a camera DVR from the C.S.P. shop of the Informant on the point of weapon. It is further alleged that the miscreants also opened fire to frighten

Patna High Court CR. MISC. No.77122 of 2024(2) dt.25-10-2024 2/3 the persons and, thereafter, fled away.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. The petitioner is not named in the F.I.R. and his name has transpired in this case on the basis of the disclosures made by the spy. He further submits that nothing incriminating or the alleged looted articles has been recovered from the conscious possession of the petitioner. The petitioner is a student of Intermediate and his entire career is at stake due to false implication. The petitioner has one criminal antecedent as has been stated in paragraph no.3 of the present anticipatory bail application. The petitioner has no concern with the alleged occurrence or the co-accused persons.

5. Learned counsel for the petitioner further submits that the co-accused Dhananjay Kumar has been granted regular bail by this Court vide order dated 02.08.2024 passed in Cr. Misc. No. 53551 of 2024.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner, stating that the offence alleged is serious in nature.

7. Considering the nature and gravity of the offence as

Patna High Court CR. MISC. No.77122 of 2024(2) dt.25-10-2024 3/3 alleged against the petitioner, this Court is not inclined to grant privilege of anticipatory bail to the petitioner.

8. Accordingly, the prayer for anticipatory bail of the petitioner, above named, is rejected. If the petitioner surrenders before the court below within a period of four weeks from today and prays for regular bail, the same would be considered by the court below in accordance with law without being prejudiced by the order of this Court.

(Rudra Prakash Mishra, J) rishi/- U T