Patna High CourtCR. MISC./79857/2024bail granted

Sonu Kumar v. The State Of Bihar

2024-11-13Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79857 of 2024 Arising Out of PS. Case No.-378 Year-2023 Thana- GORAUL District- Vaishali ====================================================== Sonu Kumar Arvind Ray @ Arbind Ray village - Methurapur, P. S - Maniyari , District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hemant Kumar, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-11-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Goraul P.S. Case No. 378 of 2023, instituted for the offences punishable under Section 394 of the Indian Penal Code.

3. The prosecution case, in short, is that, three unknown miscreants intercepted the informant and snatched his motorcycle along with his mobile phone and fled away from the spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious

Patna High Court CR. MISC. No.79857 of 2024(2) dt.13-11-2024 2/3 possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner is not named in the FIR. Name of the petitioner has transpired on the basis of confessional statement made by co-accused Anvarat Ravi and the same has got no evidentiary value. It is further submitted that no T.I. parade has been conducted in this case. There is no specific allegation levelled against the petitioner. The petitioner is in custody since 07.11.2023 and has got seven criminal antecedents in which he is on bail in two cases. Learned counsel for the petitioner further submits that similarly situated coaccused has been granted bail by this Court vide order dated 29.04.2024 passed in Cr. Misc. No. 29053 of 2024.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, taking into account the period of custody undergone by the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner 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 Court below/concerned Court in connection with Goraul P.S. Case No.

Patna High Court CR. MISC. No.79857 of 2024(2) dt.13-11-2024 3/3 378 of 2023, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(III) If the petitioner is found involved in similar nature of offence in future, the Trial Court will have the liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T