Sonu Singh @ Sonu Kumar @ Abhinav Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5812 of 2024 Arising Out of PS. Case No.-199 Year-2023 Thana- TARAIYA District- Saran ====================================================== SONU SINGH @ SONU KUMAR @ ABHINAV SINGH SON OF SHAILENDRA SIINGH RESIDENT OF VILLAGE AND P.O. - DUMRI CHHAPIA, P.S. - TARAIYA, DISTRICT - SARAN AT CHAPRA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jeetendra Narayan, Advocate For the Opposite Party/s :
Mr.Arvind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 20-02-2024 Heard the parties.
2. The petitioner is apprehending arrest in connection with Taraiya P.S. Case No. 199 of 2023 instituted under Sections 341, 323, 307, 379, 504, 506 read with section 34 of the Indian Penal Code lodged on 21.6.2023 by the informant, Pankaj Kumar.
3. As per the prosecution story, the informant alleged that after collecting Rs. 70,000/-, as he was taking meal at the hotel on the highway, the accused persons came and this petitioner after abusing him assaulted by his pistol butt. Subsequently, the other accused persons started assaulting him and there is allegation of snatching of the amount which he had collected by Vivek Singh whereas Chandan Singh gave iron rod blow on his neck. Accordingly, the FIR.
4. Learned counsel for the petitioner submits that against him only allegation is of abuse and assault by the pistol
Patna High Court CR. MISC. No.5812 of 2024(2) dt.20-02-2024 2/3 butt whereas the other injuries can be safely attributed to the accused who assaulted him subsequently even snatching of the amount is attributed to others. Last submission is that he do not have criminal antecedent.
5. Learned APP opposes the prayer for anticipatory bail.
6. Taking into account the submissions of the parties as also the fact that he do not have criminal antecedent, the only allegation against him is of giving the revolver butt blow, FIR lodged and ultimately, he will have to face the trial, this Court is inclined to extend him privilege of anticipatory bail.
7. Let the petitioner be released on bail, in the event of his arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each in connection with Taraiya P.S. Case No. 199 of 2023 to the satisfaction of learned Additional Chief Judicial Magistrate, Saran at Chapra subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other conditions.
(i) one of the bailor should be the family member of the petitioner who shall provide official document to show
Patna High Court CR. MISC. No.5812 of 2024(2) dt.20-02-2024 3/3 his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall co-operate in the investigation and make himself available to the police as and when required; (iv) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;
(v) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(vi) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Ravi/- U T