Sonam Miya @ Shahanbaz Kuraisi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11414 of 2024 Arising Out of PS. Case No.-38 Year-2020 Thana- BARACHATTI District- Gaya ====================================================== Sonam Miya @ Shahanbaz Kuraisi Son of Sachchu Miyan Resident of Village- Bajarkar, P.S.- Barachatti, Distt.- Gaya ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kumar , Advocate Mr. Mahendra Thakur , Advocate Mr Krishna Prabhat , Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-02-2024 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 147, 341, 323, 379, 307/34 of the Indian Penal Code.
3. Allegation against this petitioner is that he along with other accused persons brutally assaulted the son of the informant by means of iron rod due to which he sustained injury. It is further alleged that they also looted Rs. 3,000/- cash from his shop.
4. It is submitted that allegation of assault is general and omnibus. No specific overt act has been alleged against the petitioner and injury allegedly caused by him is simple in nature. It is further submitted that the matter has been
Patna High Court CR. MISC. No.11414 of 2024(2) dt.22-02-2024 2/2 compromised between the parties and a compromise petition has been filed before the court below. Similarly situated co-accused person has already granted bail by this Court vide order dated 17.07.2023 in Cr. Misc. No. 28393 of 2023 . Petitioner claims clean antecedent.
5. Considering the facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, 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 Additional Chief Judicial Magistrate-2, Sherghati, Gaya in connection with Barachatti P. S. Case No. 38 of 2020, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Koushik/- U T