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Patna High CourtCR. MISC./6546/2024allowed

Sonu Kumar v. The State Of Bihar

2024-02-19Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6546 of 2024 Arising Out of PS. Case No.-306 Year-2022 Thana- DAUDNAGAR District- Aurangabad ====================================================== Sonu Kumar, Male aged about 23 years, Son of Munna Singh, Resident of Village - Sinduar, P.S. - Daudnagar, District - Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar Pandey, Adovcate For the Opposite Party/s :

Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 19-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Daudnagar PS Case No. 306 of 2022 instituted for the offences punishable under Sections 341, 323, 307, 379 and 504/34 of the Indian Penal Code.

3. As per the prosecution case, FIR named accused persons, including the petitioner entered into the house of the informant and brutally assaulted the informant and his family members. It is also alleged that the petitioner gave a rod blow on the wife of the informant over her head due to which she

Patna High Court CR. MISC. No.6546 of 2024(2) dt.19-02-2024 2/3 sustained serious injury.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. He next submits that from the FIR, evidently the occurrence took place on 26.05.2022 but the present FIR has been instituted on 07.06.2022 without assigning any reason of delay. From perusal of the FIR and impugned order of the learned 1st Additional District and Sessions Judge, Aurangabad dated 15.12.2023, it appears that petitioner is named in the FIR and there is specific and serious allegations against this petitioner. Similarly situated co-accused persons namely, Munna Singh and Sita Devi have been granted bail by a co-ordinate Bench of this Court in Cr. Misc. Nos. 42177 of 2023 and 52809 of 2023 dated 06.09.2023 and 19.08.2023, respectively. Petitioner is in custody since 03.10.2023.

5. Learned APP opposes the prayer for bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M.,

Patna High Court CR. MISC. No.6546 of 2024(2) dt.19-02-2024 3/3 Daudnagar, Aurangabad in connection with Daudnagar PS Case No. 306 of 2022.

(Ramesh Chand Malviya, J) Anand Kr.

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