Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3342 of 2023 Arising Out of PS. Case No.-335 Year-2022 Thana- ARWAL District- Jehanabad ====================================================== SONU KUMAR Son of Munna Saw R/v- Feku Bigha, P.S.- Arwal, DistrictArwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Nivedita Nirvikar, Sr. Advocate Mr. Arya Achint, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-04-2023 Heard learned Senior counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in Arwal P.S. Case No. 335 of 2022 registered for the offences under Sections 307, 326, 341, 504, 506 and 34 of the Indian Penal Code pending in the Court of learned C.J.M., Arwal (Jehanabad). Allegation against the petitioner is that he along with other accused persons, equipped with lathi and knife attacked upon the informant. It is further alleged that the petitioner has given knife blow upon the informant. Learned Senior counsel for the petitioner submits that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. She further submits that the petitioner and the informant

Patna High Court CR. MISC. No.3342 of 2023(2) dt.06-04-2023 2/2 are own brother and there is land dispute between the parties. She also submits that the petitioner was not present at the place of occurrence when the occurrence took place. Petitioner has not criminal antecedent as mentioned in para-3 of the bail application.

Learned APP for the State vehemently opposing the bail petition submitted that the injury was found grievous in nature, it is clear from the impugned order itself. Hence, he does not deserve privilege of bail.

Considering the facts and circumstances of case, I am not inclined to enlarge the petitioner on anticipatory bail in connection with Arwal P.S. Case No. 335 of 2022. The prayer for anticipatory bail of the petitioner is hereby rejected.

However, if the petitioner surrenders before the learned Court below within six weeks from today and seek regular bail, the learned Court below would pass order on the same day in accordance with law without being prejudiced by this order.

(Anjani Kumar Sharan, J) anand/- U T