Sonu Kumar @ Sonu Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85059 of 2024 Arising Out of PS. Case No.-136 Year-2018 Thana- BAKHTIYARPUR District- Patna ====================================================== Sonu Kumar @ Sonu Rai S/o Ram Nandan Rai @ Ramanand Rai Resident Of Village-Gorhatta, P. S.-KHAJEKALA, District-Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jay Ram Prasad, Advocate For the Opposite Party/s :
Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 20-03-2025 Heard Mr. Jay Ram Prasad, learned counsel for the petitioner and Mr. Mohammed Arif, learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 399 and 402 of the Indian Penal Code and Sections 20, 21, 22 of the NDPS Act & Sections 25(1-B)a, 26 and 35 of the Arms Act.
3. The case of the prosecution is that one Bolero vehicle was taken away by five accused persons. On this information, police proceeded towards that direction. The police found the vehicle and persons sitting on the said vehicle tried to flee away, three persons were apprehended. The apprehended accused persons identified as Randhir Kumar @ Hadiya, Golu Kumar
Patna High Court CR. MISC. No.85059 of 2024(3) dt.20-03-2025 2/3 and Niraj Kumar and from their possession, certain articles were recovered. These apprehended accused persons have named two persons namely, Akash Kumar and Sonu Kumar.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is also submitted that the petitioner was not apprehended at the place of the occurrence. His name has surfaced in the statement of co-accused. He has got no concern with the offence. It has also been submitted that the co-accused persons from the possession of whom contraband and weapon were recovered has already been granted bail by Co-ordinate Bench. It is further submitted that the petitioner is languishing in judicial custody since 30.05.2024.
5. Learned APP appearing for the state has opposed the prayer of regular bail and submits that the petitioner is having criminal antecedent of one case.
6. Having heard learned counsel for the parties and considering 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 released on bail in connection with Bakhtiparpur P.S. Case No. 136 of 2018 on furnishing bail bond
Patna High Court CR. MISC. No.85059 of 2024(3) dt.20-03-2025 3/3 of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge/ Special Judge (NDPS), Patna.
(Ashok Kumar Pandey, J) Sudhanshu/- U T