Sourabh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11164 of 2020 Arising Out of PS. Case No.-506 Year-2019 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== Sourabh Kumar Son of Sanjeev Kumar Singh Resident of Village - Athari, P.S.- Runnisaidpur, Distt. - Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kamlesh Kumar Pathak For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary Mr.Ravi Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

18-06-2020 Heard learned counsel for the petitioner, learned A.P.P. for the State as well as learned counsel for the informant through video conferencing.

The petitioner seeks bail in Runnisaidpur P.S. Case No. 506 of 2019 registered for the offence under Sections 341, 447, 307, 387/34 of the Indian Penal Code and Section 27 of the Arms Act.

As per First Information Report, on 27-11-2019, while the informant was coming to his house, the accused persons including the petitioner surrounded him and demanded Rs. 5,000/- (five thousand), which was denied by the informant. It is alleged that on the next morning, when the informant with other village was at his door, the accused persons with two unknown came on motorcycle and on the order of Sourav Kumar (petitioner), Sidharth Kumar fired on informant, but it could not

Patna High Court CR. MISC. No.11164 of 2020(2) dt.18-06-2020 2/2 hit informant and thereafter, all the accused persons fled away. It is submitted on behalf of petitioner that petitioner is innocent and has committed no offence and he has falsely been implicated due to dirty village politics. In fact, no such occurrence has taken place and moreover, as per the F.I.R., the petitioner is said to be order giver.

However, learned A.P.P. and learned counsel for the informant have opposed the prayer for bail.

Considering the aforesaid facts and circumstances, the bail application is allowed.

In the event of arrest or surrender within a period of six weeks from today, let the above-named petitioner be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Runnisaidpur P.S. Case No. 506 of 2019, subject to condition, as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Singh, J.) anay U T