Bhim Kumar Soni @ Ajit Kumar Soni @ Ajit Soni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4240 of 2022 Arising Out of PS. Case No.-314 Year-2021 Thana- ARA NAGAR District- Bhojpur ====================================================== BHIM KUMAR SONI @ AJIT KUMAR SONI @ AJIT SONI SON OF RAMNATH PRASAD R/O VILLAGE- BARI MASJID CHAUK, P.S.- SADAR, DISTRICT- BHOJPUR AT ARA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Jha, Adv For the Opposite Party/s :

Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-08-2022 Heard the parties.

The petitioner apprehends his arrest in a case registered for the offence punishable under section 323, 324, 307, 379/34 of the Indian Penal Code.

Allegedly, the petitioner alongwith other accused persons assaulted the son of the informant due to which he sustained injuries. It is also alleged that the accused persons took mobile and golden locket of the son of the informant. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to suspicion. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather

Patna High Court CR. MISC. No.4240 of 2022(3) dt.16-08-2022 2/2 general and omnibus in nature. His name transpired in the present case on the basis of confessional statement of apprehended persons. There is no specific overt act against the petitioner. The statement of injured has been recorded in para-31 of the case diary and he gave specific role of stabbing as against Lathi, Matru and Jitu. Petitioner has no criminal antecedent, as also mentioned in para-3 of the bail application.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, since there is no specific overt act against the petitioner, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in Ara (Nagar) P.S. Case No.314 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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