Sunni Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5469 of 2024 Arising Out of PS. Case No.-54 Year-2023 Thana- SAHODARA District- West Champaran ====================================================== SUNNI KUMAR SON OF MANOJ MAHTO RESIDENT OF VILLAGE - BETHANIYA, P.S. - SAHODRA, DISTRICT - WEST CHAMPARAN ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sujeet Kumar For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 05-04-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Sahodra P.S. Case No.54 of 2023 registered for the offence under Sections 341, 323, 324, 325, 307/34 of the Indian Penal Code.

3.

Allegation against the petitioner is to have assaulted the informant and his son by means of fist and slaps after surrounding them along with other co-accused persons. It is also alleged that this petitioner caused knife injury upon the son of the informant, namely, Ramvijay Kumar. 4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been

Patna High Court CR. MISC. No.5469 of 2024(3) dt.05-04-2024 2/3 implicated in the present case. It is submitted that there is no eye-witness to the present occurrence where, the informant is only an eye-witness of the occurrence. It is submitted that the nothing surfaced against this petitioner, during course of investigation, which may connect him with the present set of occurrence. It is further submitted that petitioner is a man of clean antecedent and he is in custody since 06.06.2023. 5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner and submitted that there is specific allegation as regard to cause knife injury upon the son of the informant.

6.

In view of the submissions, as made above, as there is specific allegation as regard to cause knife injury against this petitioner and as it appears from perusal of injury report that injury sustained as cut would over left scapular region size 1.1/2" x 1/2", cut would left ilium region size 4" x 1/2", CLW over back chest size 1.1/2" x 1/2" and there is explanation as regard to delay in lodging of FIR that injured was under treatment as stated in FIR and as regard to other coaccused persons, who have been granted bail by this Court has no specific allegation, where, there is specific allegation as regard to causing knife blow to the injured, this Court is not

Patna High Court CR. MISC. No.5469 of 2024(3) dt.05-04-2024 3/3 inclined to grant bail to the petitioner.

7.

Accordingly, the prayer of bail of the petitioner is rejected herewith.

8.

Learned trial court is directed to conclude the trial, preferably, within a period of 06 (six) months from the date of receipt of a copy of this order and if the trial could not be concluded within specified period, the petitioner would be at liberty to renew the prayer for bail of the petitioner before the learned Trial Court itself.

(Ramesh Chand Malviya, J) S.Katyayan/- U T