Sonu Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.128 of 2019 Arising Out of PS. Case No.-82 Year-2018 Thana- HASPURA District- Aurangabad ======================================================
1. Sonu Kumar and Ors son of Late Durga Prasad
2. Sunil Kumar @ Sunil Kumar Saw, Son of Late Gaya Saw
3. Sujit Kumar @ Lala, Son of Prem Prasad
4. Akhilesh Prasad Son of Ramashish Prasad All four R/o Haspura, PS Haspura, District- Aurangabad.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Singh, Advocate For the Opposite Party/s :
Mr. Mithilesh Kumar Khare, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-02-2019 It is very outset that learned counsel for the petitioner No. 1 has already been arrested during pendency of this petition, and as such, this application against the petitioner No. 1 is dismissed.
Heard the parties.
The petitioners seek anticipatory bail in connection with Haspura P.S.Cas No. 82 of 2018, registered for offences punishable under Sections 147, 149, 341, 323, 307, 379, 302, and 325 of the Indian Penal Code.
As per F.I.R., allegation against the petitioners is that the informant alongwith his elder brother and brother-in-law went to Janta Jewellery for purchase of jewellery and in the
Patna High Court Cr.Misc. No.128 of 2019(5) dt.20-02-2019 2/3 meantime, the informant had gone to adjacent shop for purchasing some article and heard a sound of firing and saw that all the accused persons assaulted his brother and brother-inlaw with iron rod and calling chor-chor, causing succumbed to injury to his brother and his brother -in-law admitted in the Magadh Medical Hospdital, Gaya and also snatched Rs, 2,60,000/- and two mobiles and a golden chain. Submission of the learned counsel for the petitioners is that 13 persons were named in the F.I.R. on 02.05.2018 and the petitioners were not named but later on, one video is alleged to have been made viral with regards to the aforesaid occurrence but save and except the aforesaid materials, no other material has come against the petitioners in the present case and the petitioners have clean antecedent and as a matter of fact, a dacoity was committed in Janta Jewellery shop in which the family members of the informant were caught and assaulted. Learned A.P.P. opposes the prayer for bail.
Having heard both sides and in view of the facts and circumstances as discussed above, let the petitioner Nos. 2 to 4, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs. 25,000/- ( Twenty five Thousand)
Patna High Court Cr.Misc. No.128 of 2019(5) dt.20-02-2019 3/3 each with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Daudnagar in connection with Haspura P.S.Case No. 82 of 2018, subject to the condition that as laid down under Section 438 (2) of the Code of Criminal procedure with conditions that one of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
This application is accordingly disposed of.
(Vinod Kumar Sinha, J) sudha/- U T