Sonu Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53488 of 2018 Arising Out of PS.Case No. -74 Year- 2016 Thana -SULTANGANJ District- BHAGALPUR ====================================================== Sonu Raj, son of Dinesh Ram, resident of House No. 39, Manikparasi, P.O. Gorakh Parasi, Distt. Rohtas, at present resident of Purani Durga Asthan, Sultanganj, P.S. Sultanganj, Distt. Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Swapnil Kumar Singh, Advocate. For the Opposite Party/s : Mr. Chaubey Jawahar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 31-10-2018 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Sessions Trial No. 609 of 2016 arising out of Sultanganj P.S. Case No. 74 of 2016 instituted for the offence under Sections 25(1-B)A, 26, 27 and 35 of the Arms Act.

Case diary along with copy of entire order sheets was called for from the court below which has been received. From the order sheets it appears that after framing of charge on 20.06.2017 not a single witness has been examined in the case. There is no eye witness of the occurrence. The name of the petitioner has been disclosed by co-accused Ankit Kumar who was found injured at the place of occurrence. It is further alleged that at the same distance petitioner was also found in injured condition.

Patna High Court Cr.Misc. No.53488 of 2018 (4) dt.31-10-2018 2/3 It is alleged by the police that Ankit Kumar confessed his guilt before the police of having committed dacoity in the house of the informant and he disclosed the name of the petitioner.

Counsel for the petitioner submits that co-accused Premjeet Kumar @ Amarjeet Kumar with similar allegation has been granted bail by coordinate Bench of this Court vide order dated 18.04.2018 passed in Cr. Misc. 14329 of 2018. Counsel for the petitioner further submits that petitioner is in custody since 9.5.2016.

Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 3rd Additional Distt. & Sessions Judge, Bhagalpur, in connection with Sessions Trial No. 609 of 2016 arising out of Sultanganj P.S. Case No. 74 of 2016, subject to the condition that both the bailors will be the close relatives of the petitioner.

The petitioner will cooperate in conclusion of the trial. He will remain present on each and every date of trial till disposal of the case. He will not try to tamper with the evidence or

Patna High Court Cr.Misc. No.53488 of 2018 (4) dt.31-10-2018 3/3 intimidate the witnesses to delay the disposal of trial. In the event of default of two consecutive dates without valid reason, his bail bonds will liable to be cancelled.

(Sanjay Priya, J) S.Ali/- U T