Sonu Kumar @ Soniya Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2031 of 2020 Arising Out of PS. Case No.-172 Year-2019 Thana- ATHMALGOLA District- Patna ====================================================== Sonu Kumar @ Soniya Rai Son of Late Rajendra Rai Resident of Village - Budhara, P.S.- Athamalgola, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Usha Kumari Singh, Advocate For the Opposite Party/s :

Mr.Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-02-2020 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner apprehends his arrest in Athamalgola P.S. Case No. 172 of 2019, registered for the offence punishable under Sections 341, 323, 325, 307, 385, 379, 504, 506 and 34 of the Indian Penal Code and section 27 of the Arms Act.

The informant alleged that all the accused persons surrounded him and demanded Rangdari. On protest, petitioner along with co-accused Bachchu Rai caught hold of the informant and Chhotu Rai fired with Katta upon him, which did not hit him. Thereafter, co-accused Kallu Rai assaulted him with iron rod on his hand and all over his body, as a result of which the informant sustained head injury.

Patna High Court CR. MISC. No.2031 of 2020(2) dt.25-02-2020 2/3 It is submitted that petitioner has falsely been implicated in this case. There is no allegation of any overt act against this petitioner. The only allegation against this petitioner is that he caught hold of the informant. Petitioner has got clean antecedent.

However, counsel for the informant vehemently opposed the prayer for bail.

Considering the facts aforesaid, the petitioner above-named in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Barh, Patna in connection with Athamalgola P.S. Case No. 172 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure with further conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates

Patna High Court CR. MISC. No.2031 of 2020(2) dt.25-02-2020 3/3 without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T