Sonu Sah @ Sonu @ Govinda Sah @ Govinda v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8777 of 2018 Arising Out of PS.Case No. -82 Year- 2015 Thana -KOTWALI District- MUNGER ====================================================== Sonu Sah @ Sonu @ Govinda Sah @ Govinda, Son of Anil Sah, Resident of Village- Bahadurpur, P.S.- Haveli Kharagpur, Distt- Munger .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kumar Kamal Nayan, Advocate For the Opposite Party/s : Mr. Asharaf Ansari, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 08-03-2018 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 20.07.2016 in connection with Kotwali P.S. Case No.82B of 2015 registered for the offence under Section 302 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel appearing on behalf of the petitioner submits that except the confessional statement made before the police by one Uttam Kumar, there is no further material in the case diary to implicate the petitioner. It is further submitted that admittedly, unknown miscreant had fired on the deceased and the petitioner was not in the picture till the confessional statement was made before the police, which has no evidentiary value. Having considered the entire facts and

Patna High Court Cr.Misc. No.8777 of 2018 (3) dt.08-03-2018 2/2 circumstances of the case, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Munger, in connection with Kotwali P.S. Case No.82B of 2015 (G.R. No.577/2015), subject to the following conditions:

(1) One of the bailors will be the father of the petitioner.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of his failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjana Mishra, J) PNM U T