Sonu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82994 of 2024 Arising Out of PS. Case No.-92 Year-2024 Thana- PURNAHYA District- Sheohar ====================================================== Sonu Kumar S/o Umesh Mahto R/o Village- Jainagar, PS- Sonwarsa, DistSitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Hans Lal Kumar, Advocate For the Opposite Party/s :
Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-12-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in Purnahiya P.S. Case No. 92 of 2024, instituted for the offences punishable under Section 309(6) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that, three unknown miscreants snatched the bag of the informant containing Laptop, Mobile Phone, ID Card, Passport, some other documents and cash amounting to Rs. 1,00,000/- on the point of pistol and fled away.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.82994 of 2024(2) dt.04-12-2024 2/3 present case. No incriminating material has been recovered from the conscious 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 persons and the same has got no evidentiary value. It is further submitted that neither any looted articles have been recovered from the possession of the petitioner nor any T.I. parade has been conducted in this case. The petitioner is in custody since 07.09.2024 and has got no criminal antecedent. Learned counsel for the petitioner further submits that similarly situated coaccused has been granted regular bail by this Court vide order dated 26.10.2024 passed in Cr. Misc. No. 77297 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
Patna High Court CR. MISC. No.82994 of 2024(2) dt.04-12-2024 3/3 below/concerned Court in connection with Purnahiya P.S. Case No. 92 of 2024.
(Rudra Prakash Mishra, J) Rajorshi/- U T