Sonu Kumar @ Roshan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51246 of 2018 Arising Out of PS.Case No. -294 Year- 2018 Thana -NAUBATPUR District- PATNA ====================================================== Sonu Kumar @ Roshan Kumar, S/o Shri Laljit Sharma @ Lalu Singh R/o Village Mahangupur, P.S.- Janipur, District- Patna. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Patanjali Rishi, Advocate. For the Opposite Party : Mr. Ashok Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-09-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 27.06.2018 in a case for the offence registered under Sections 302/34 of the IPC and 27 of the Arms Act.

The prosecution story, in brief, is that while the father of the informant was returning to his house from shop, some unknown miscreants committed murder of his father in the way to his house. It is also alleged that in the year 2010, Lulan Sharma had demanded ransom from his father for which he has lodged FIR against him and his associates, who were caught hold by the informant on spot and handed over to the police. It is also alleged that in the year 2016 also firing was made at the shop of the friend

Patna High Court Cr.Misc. No.51246 of 2018 (2) dt.19-09-2018 2/2 of his father (deceased).

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is not named in the FIR. His name has come in course of investigation on the basis of confessional statement of co-accused, namely, Deepak Kumar. Except for confessional statement of co-accused, there is no circumstantial evidence to suggest the implication of the petitioner in the present case. There is no eye witness to the alleged occurrence.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is not named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-II, Danapur, Patna, in connection with Naubatpur P.S. Case No. 294 of 2018.

U.K./- (Sudhir Singh, J) U T