Sonu Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77705 of 2018 Arising Out of PS. Case No.-93 Year-2018 Thana- GHORASAHAN District- East Champaran ====================================================== Sonu Khan Son of Qurban Ali Resident of Mohalla-Khoda Nagar Mathia Zirat,P.s. Chhatauni,Distt.-East Champaan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Sri Anil Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 08-01-2019 Heard learned counsel for the parties.

Petitioner seeks bail in S.Tr. No.596 of 2018 arising out of Ghorasahan P.S. Case No. 93 of 2018 registered for the offence punishable under Sections 394 and 302 of the Indian Penal Code and under Section 27 of the Arms Act. Learned counsel for the petitioner submits that petitioner is not named in the FIR and his name has surfaced in this case on the confessional statement made by the co-accused Sunny Kumar and Sohan Kumar and except said confessional statement, there is no any other incriminating material against the petitioner. Petitioner is in custody since 07.04.2018. Similarly placed co-accused has already been granted bail as contained in Annexure-3.

Patna High Court Cr.Misc. No.77705 of 2018(3) dt.08-01-2019 2/2 Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sikrahana at Dhaka, East Champaran in connection with S.Tr. No.596 of 2018 arising out of Ghorasahan P.S. Case No. 93 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Sanjay/- U