Sonu Kumar @ Sonu Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5299 of 2024 Arising Out of PS. Case No.-53 Year-2023 Thana- KHAGARIA District- Khagaria ====================================================== Sonu Kumar @ Sonu Sharma S/O Pawan Sharma Resident Of Ashok Nagar, W.No. 15, P.S-Chitrgupta Nagar, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Singh, Adv.

For the Opposite Party/s :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Khagaria (Muffasil) P.S. Case No. 53 of 2023, lodged on 20.01.2023 under Section 379 of the Indian Penal Code and subsequently added section 411 of the I.P.C.

3. As per the prosecution case, FIR has been lodged against unknown accused persons against whom allegation of theft is there.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that the recovery of the motorcycle subject to theft has been shown from three accused persons including the petitioner. Counsel submits that one of the accused person

Patna High Court CR. MISC. No.5299 of 2024(2) dt.07-02-2024 2/3 submits that he has purchased the motorcycle in Rs.5,000/-. Counsel further submits that the antecedent of the petitioner is not clean and there are four criminal cases pending against him in which he is on bail. The petitioner is in custody since 10.03.2023 in the present case.

5. Learned counsel for the petitioner submits that the offence in which the case has been filed is of magisterial triable.

6. Learned APP for the State opposes the prayer for bail of the petitioner.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail, but only after framing of charge, if not framed on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Khagaria (Muffasil) P.S. Case No. 53 of 2023.

8. However, the petitioner shall be granted bail only after Trial Court on being satisfied with the affidavit to be submitted by the petitioner before the Trial Court indicating therein that he is not absconding in any of the cases pending against him whose details are as follows:- (I)- Alouli P.S. Case No. 35 of 2023.

Patna High Court CR. MISC. No.5299 of 2024(2) dt.07-02-2024 3/3 (II)- Alauli P.S. Case No. 42 of 2022.

(III)- Mansi P.S. Case No. 26 of 2023.

(IV)- Khagaria P.S. Case No. 89 of 2023.

(Dr. Anshuman, J.) Divyansh/- U T