The Patna High Court rejected the petitioner's bail application in a murder case. The court dismissed the argument for bail based on the confession of a co-accused, noting the petitioner's involvement in nineteen other criminal cases in the same district, indicating a criminal mentality.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15560 of 2022
Arising Out of PS. Case No.-327 Year-2020 Thana- PATNA CITY CHOWK District- Patna
======================================================
SONU KUMAR @ SONU SHARMA @ DHILLU SHARMA S/o Ashok Sharma R/o Bhadra Ghat, P.S.- Alam Ganj, Sampatchak, District- Patna, Bihar- 800007.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Vishal Kumar Singh, Advocate For the Opposite Party/s : Mr. Lalan Kumar, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 01-08-2022
Heard learned counsel for the petitioner and learned counsel for the State.
Let the defect(s), if any, as pointed out by the office be removed within four weeks.
The petitioner is in judicial custody in connection with Chowk P.S. Case No. 327 of 2020 for the offences under Sections 302/34 of the Indian Penal Code.
The allegation in the FIR is that the informant alleged that when her husband was going to his shop on motorcycle, some accused persons riding motorcycle came and shot him causing his death. She further alleged that due to payment relating to sale/ purchase of the land, her husband had issue with Ashok Yadav which led to the killing.
Patna High Court CR. MISC. No.15560 of 2022(3) dt.01-08-2022 2/4
In this case, case diary was called for on 11.07.2022.
Learned counsel for the petitioner submitted that his
name has come on the basis of the confessional statement of coaccused Vikky Kumar @ Tiktik. He further submitted that some other co-accused persons have been granted the privilege of bail and as such he also deserves the same.
On the other hand, learned counsel for the State submitted that a bare perusal of the report shows that the petitioner is named in 19 criminal cases which are as follows:-
Patna High Court CR. MISC. No.15560 of 2022(3) dt.01-08-2022 3/4
He as such submitted that considering the different FIRs lodged against him in the District of Patna which show the kind of criminal mentality he has and in that background, the confession made by the co-accused Vikky Kumar @ Tiktik in the case diary stating this petitioner to be an accomplish cannot
Patna High Court CR. MISC. No.15560 of 2022(3) dt.01-08-2022 4/4
be ignored.
Taking into account the aforesaid facts as also the criminal antecedents of the petitioner, this Court is not inclined to grant him the privilege of bail which is accordingly rejected.
Additionally, let the copy be sent to the Senior Superintendent of Police, Patna for perusal of the order and the fact that this petitioner has 19 criminal cases under his belt in the same district, for taking appropriate steps.
(Rajiv Roy, J)
Jagdish/-
U T
2 issues framed by the court
Whether the petitioner should be granted bail considering his involvement in 19 criminal cases and the credibility of the co-accused's confession.
Whether the petitioner's criminal antecedents justify the rejection of bail in the current case.
SONU KUMAR @ SONU SHARMA @ DHILLU SHARMA
The State of Bihar
RAJIV ROY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
