Sonu Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Sonu Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Release of the petitioner on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Motihari, East Champaran, in connection with Turkauliya (Banjariya) P.S. Case No. 81 of 2024.

Issue for consideration

Whether the petitioner should be released on bail in connection with Turkauliya (Banjariya) P.S. Case No. 81 of 2024, registered for offences punishable under Section 394 of the IPC.

Court's answer

Considering the facts and circumstances of the case, period of custody, arguments advanced on behalf of both sides and the material available on record, the petitioner is to be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Motihari, East Champaran, in connection with Turkauliya (Banjariya) P.S. Case No. 81 of 2024.

Ratio / Principle

The bail application stands allowed.

Detailed headnote1 paragraphs

Bail - Section 394 IPC - Turkauliya (Banjariya) P.S. Case No. 81 of 2024, District East Champaran - Petitioner Sonu Kumar not named in the FIR; name surfaced on the basis of confessional statement of co-accused Sahbag @ Rupesh Kumar; no TIP conducted; no incriminating article recovered from his possession; in custody since 02.07.2024 with criminal antecedent of two cases in which he is on bail; similarly situated co-accused already granted regular bail by a coordinate Bench of this Court vide order dated 07.10.2024 in Cr. Misc. No. 70726 of 2024 - Held, considering the facts and circumstances of the case, period of custody, arguments of both sides and the material available on record, petitioner released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Motihari, East Champaran - Application allowed. (Chandra Prakash Singh, J)

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16822 of 2025

Arising Out of PS. Case No.-81 Year-2024 Thana- TURKAULIYA District- East Champaran

======================================================

Sonu Kumar Son of Late Vinod Kumar @ Binod Sahani Resident of Village - Jhakiya, Naya Tola, P.S.- Banjariya, District - East Champaran.

... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s : Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

ORAL ORDER

2 29-04-2025

Heard learned counsel for the petitioner and learned

A.P.P. for the State.

The petitioner seeks bail in connection with Turkauliya (Banjariya) P.S. Case No. 81 of 2024 registered for the offences punishable under Section 394 of the IPC.

As per prosecution case, informant was assaulted by four unknown persons and two mobile phones and a motorcycle were taken away by them.

Learned counsel for the petitioner submits that petitioner is not named in the FIR and his name has been surfaced on the basis of confessional statement co-accused Sahbag @ Rupesh Kumar as mentioned in the impugned order. He further submits that no TIP was conducted up till now. No incriminating article has been recovered from possession of the petitioner. Except confessional statement, there is nothing on

Patna High Court CR. MISC. No.16822 of 2025(2) dt.29-04-2025 2/2

record to connect the present petitioner with the alleged occurrence. Petitioner is in custody since 02.07.2024 and bears criminal antecedent of two cases in which he is on bail as stated in para 3 of the bail petition. Similarly situated co-accused has already been granted regular bail by a coordinate Bench of this Court vide order dated 07.10.2024 passed in Cr. Misc. No. 70726 of 2024.

The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, period of custody, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Motihari, East Champaran in connection with Turkauliya (Banjariya) P.S. Case No. 81 of 2024.

The application stands allowed.

(Chandra Prakash Singh, J)