Chunnu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86214 of 2024 Arising Out of PS. Case No.-714 Year-2024 Thana- SONEPUR District- Saran ====================================================== Chunnu Kumar son of Harendra Ray @ Hari Rai R /O- Vill- Jahangirput, Ward no. 1 P.S- Sonpur, Distt- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shakti Suman Kumar, Advocate For the Opposite Party/s :
Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-12-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Sonpur P.S. Case No. 714 of 2024, instituted for the offences punishable under Sections 317(2), 317(5), 111, 3(5) of the Bharatiya Nyaya Sanhita, 2023, Sections 25(1-B)(a), 26 and 35 of the Arms Act.
3. The prosecution case, in short, is that, the petitioner along with other co-accused persons have looted IDBI Bank, Sonpur Branch. The police reached the house of co-accused Dheeraj Kumar from where the petitioner along with other coaccused persons were apprehended and also recovered one loaded country made pistol, two live cartridges and one mobile phone from the spot.
Patna High Court CR. MISC. No.86214 of 2024(2) dt.17-12-2024 2/3
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the 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 in this case on the basis of confessional statement made by co-accused Devananda Rai in Sonpur P.S. Case No. 712 of 2024 and the same has got no evidentiary value. It is further submitted that the mobile phone belongs to the petitioner himself which was recovered from the bed of the petitioner. Except mobile phone, no any arms have been recovered from the possession of the petitioner. The petitioner is in custody since 24.08.2024 and has got two criminal antecedents in which he is on bail in both the cases.
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 and taking into account 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/- (Rupees Ten Thousand) with two
Patna High Court CR. MISC. No.86214 of 2024(2) dt.17-12-2024 3/3 sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sonpur P.S. Case No. 714 of 2024.
(Rudra Prakash Mishra, J) Rajorshi/- U T