Sonu Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8654 of 2024 Arising Out of PS. Case No.-628 Year-2023 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Sonu Kumar Yadav Son of Anup Yadav @ Anup Ray Resident of VillageBariya, P.S.-Muffasil, Distt.-East Champaran ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhishek Kumar, Adv.
For the Opposite Party/s :
Mr.Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-03-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case in connection with Muffasil P.S. Case No. 628 of 2023 dated 01.09.2023 registered for the offences punishable u/ss 341, 323, 307, 385, 379, 504, 506 read with section 34 of the Indian Penal Code.
3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have gone to the Reliance Petrol Pump and taken petrol of Rs. 1000/- in their motorcycles and when salesman (informant) demanded Rs. 1000/- of petrol, they abused and assaulted the informant and the co-accused Anil Kumar gave blow of iron rod on the head of the informant due
Patna High Court CR. MISC. No.8654 of 2024(2) dt.07-03-2024 2/3 to which he sustained head injury. It is further alleged that the co-accused persons, Neeraj Kumar and Anil Kumar Yadav asked the informant to give Rs. 5000/- per month as rangdari otherwise they would explode at the petrol pump and they also threatened the informant to commit murder of the owner of his petrol pump and when other customers reached the petrol pump then these accused persons including the petitioner snatched Rs. 33,000/- in cash from the informant and fled away.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent has falsely been implicated in this case. There is specific allegation of assault is against the coaccused, Anil Kumar Yadav rather the allegation against the petitioner is general and omnibus. Nothing has been recovered from the possession of the petitioner. The allegation of snatching against the petitioner is ornamental. It is further submitted that the petitioner has no concern with the alleged offence. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.
5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the
Patna High Court CR. MISC. No.8654 of 2024(2) dt.07-03-2024 3/3 petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Motihari, East Champaran in connection with Muffasil P.S. Case No. 628 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T