Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5830 of 2025 Arising Out of PS. Case No.-802 Year-2023 Thana- BETTIAH CITY District- West Champaran ====================================================== Sonu Kumar S/o Sharma Mahto R/o Village- Baswariya Bich Mohalla, Ward No.28, P.S.- Bettiah Nagar, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shyam Sundar Kumar, Advocate For the Opposite Party/s :

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Bettiah Nagar P.S. Case No. 802 of 2023 instituted for the offence under Sections 324 & 307 of the Indian Penal Code.

3.

As per prosecution case, allegation against the petitioner is of stabbing the brother of the informant by means of knife, due to which he sustained injury.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 24-10-2023. Petitioner bears no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's

Patna High Court CR. MISC. No.5830 of 2025(2) dt.12-02-2025 2/3 counsel that petitioner has been falsely implicated in the present case. It is submitted that no case is made out against the petitioner under Section 307 of the IPC, as there is no repetition of blow. So far as injury is concerned, the same is found to be caused by hard and blunt substance. Charge sheet has been submitted in this case. Charge is also framed on 13-09-2024 and no witness is examined till date in this case. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and clean antecedent of the petitioner, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner 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 Court below/concerned Court in connection with Bettiah Nagar P.S. Case No. 802 of 2023, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date

Patna High Court CR. MISC. No.5830 of 2025(2) dt.12-02-2025 3/3 fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T