Md. Sonu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81099 of 2023 Arising Out of PS. Case No.-388 Year-2022 Thana- NAUGACHIA District- Bhagalpur ====================================================== Md. Sonu Son of Md. Saddam @ Saddam Alam Resident Of Village- Ujani, P.S.- Nugachia, District- Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amrendra Kumar, Advocate For the Opposite Party/s :
Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-12-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with S. Tr. No. 603 of 2023 arising out of Naugachia P.S. case No. 388 of 2022 instituted for the offences under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per the prosecution story, the allegation is that the FIR named accused person Saurabh Yadav along with few other miscreants opened fired at the son of the informant, namely, Raja Ram Kumar Yadav. Thereafter, he was taken to the hospital for treatment where doctor declared him dead.
4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 04.03.2023 and has 4 criminal antecedents. Charge-sheet has been submitted in this case.
Patna High Court CR. MISC. No.81099 of 2023(2) dt.22-12-2023 2/2 Petitioner is not named in the FIR. The name of the petitioner came into light only on the basis of the confessional statement of the co-accused Ravi @ Ravish Kumar who has already been granted bail by the co-ordinate Bench of this Court vide order dated 29.08.2023 passed in Cr. Misc. No. 56214 of 2023. He further submitted that specific allegation of firing is attributed against the co-accused Saurabh Kumar. Petitioner has no concern with the alleged occurrence.
5. Learned A.P.P. 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 as also the period of custody undergone by the petitioner, 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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Naugachia P.S. case No. 388 of 2022.
(Rudra Prakash Mishra, J) Alok Verma/- U T