Sonu @ Md. Usman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2569 of 2025 Arising Out of PS. Case No.-456 Year-2024 Thana- PAKARIBARAW District- Nawada ====================================================== Sonu @ Md. Usman S/o Md. Zasim Uiddin @ Mohammad Jasim Uddin Resident of Mohalla- Mirshikar Toli, Near Juma Masjid, Alamganj, P.O. Gulzarbagh, P.S.- Alamganj, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Garg, Advocate For the Opposite Party/s :

Mr.Anita Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 09-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Petitioner apprehends his arrest in a case registered for the offence punishable under Section 309(3) of BNS, 2023.

3. The prosecution story in brief is that the informant namely Ranjit Kumar, alleged that on 07.10.2024 at about 12:40 pm, while he was returning from Union Bank, after withdrawing Rs. 4,50,000/- in cash, in the meantime, three unknown assailants on motorcycle, with their faces covered, hit his vehicle, causing him to fall into a paddy field. It is further alleged that one assailant pointed a gun at him while another snatched his bag containing cash, his mobile phone and bike keys and fled away.

Patna High Court CR. MISC. No.2569 of 2025(3) dt.09-05-2025 2/3

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in the present case, it is next submitted that petitioner is a person with clean antecedent. Learned counsel for the petitioner submits that petitioner is not named in the FIR and his name has been implicated on the basis of confessional statement of the coaccused, Md. Tabis Khan. It is further submitted that there is no independent witness of alleged recovery which creates doubt upon the style and manner of the alleged recovery.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the fact petitioner is a person with clean antecedent and his name has come up in the confessional statement of the co-accused, Md. Tabis Khan and also it is not in dispute that nothing has been recovered from the conscious possession of the petitioner, therefore, under such circumstances, this Court is inclined to grant the privilege of anticipatory bail to the petitioner.

7. Accordingly, the petitioner in the event of his arrest or surrender within four weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties of

Patna High Court CR. MISC. No.2569 of 2025(3) dt.09-05-2025 3/3 the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, 2nd Nawada in connection with Pakaribaraw P.S. Case No. 456 of 2024, subject to the conditions laid down under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Alok Kumar Sinha, J) Gaurav Sinha/- U T