Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82196 of 2023 Arising Out of PS. Case No.-160 Year-2020 Thana- PIYAR District- Muzaffarpur ====================================================== Sonu Kumar Son of Rabindra Bhagat, Resident of Village - Gosai Tola Knati, P.S. - Kanti, District - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Mishra, Advocate.

For the Opposite Party/s :

Mr. Tarun Prasad Mandal, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 09-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Piar P.S. Case No.160 of 2020, registered for the offences punishable under Sections 302/120B/34 of the Indian Penal Code and under Section 27 of the Arms Act.

3. As per the prosecution case, the mother of the informant is alleged to have been shot dead by the accused persons after hatching conspiracy due to land dispute.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that petitioner was not named in the F.I.R. and the informant himself has hatched the conspiracy alongwith others to kill his mother and on the basis of his confessional statement one Shankar Paswan was arrested and in his confessional statement the name of petitioner came as one of the

Patna High Court CR. MISC. No.82196 of 2023(2) dt.09-01-2024 2/2 accused in this case. He also submits that except the confessional statement of the co-accused Shankar Paswan there is no material against the petitioner. Learned counsel submits that co-accused Shankar Paswan has been granted bail by the Co-ordinate Bench of this Court vide order dated 21.04.2022 passed in Cr. Misc. No.54155 of 2021. He further submits that the petitioner when came to know about his accusation, he himself surrendered on 28.08.2023 and since then he is in judicial custody. The petitioner has one criminal antecedent in which he is on bail.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties and the period of custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Muzaffarpur (East) in connection with Piar P.S. Case No.160 of 2020. (Sunil Dutta Mishra, J) Ritik/- U T