Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16291 of 2024 Arising Out of PS. Case No.-414 Year-2023 Thana- KOTWALI District- Munger ====================================================== 1.

Sunil Kumar S/O Shankar Patwa @ Shankar Prasad @ Shankar Prasad Patwa R/O Gandhi Chawk, Gulzar Pokhar, P.S- Kotwali, Distt.- Munger. 2.

Ashish Kumar S/O Shankar Patwa @ Shankar Prasad @ Shankar Prasad Patwa R/O Gandhi Chawk, Gulzar Pokhar, P.S- Kotwali, Distt.- Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Saurabh Kumar For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-03-2024 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 341, 323, 324, 307, 504, 506/34 of the Indian Penal Code.

Prosecution case in nutshell is that while the informant was going to his house, petitioners along with other co-accused persons surrounded him and coaccused Shankar Prasad Patwa started abusing him and ordered to kill. It is further alleged that petitioners

Patna High Court CR. MISC. No.16291 of 2024(2) dt.12-03-2024 2/3 caught hold the informant and co-accused Lalan Patwa gave a blow of iron rod on the head of the informant due to which informant sustained injuries and fell down. It is submitted by learned counsel for the petitioners that the petitioners are innocent and they have committed no offence. They have falsely been implicated in the present case. There is general and omnibus allegation against the petitioners and the specific allegation of assaulting to informant is levelled against co-accused Lalan Patwa. Moreover, the petitioners are languishing in judicial custody since 20.01.2024. Similarly situated co-accused Krishna Kumar @ Sonu has been granted bail vide order dated 31.01.2024, passed in Cr. Misc. No. 2831 of 2024 by the co-ordinate Bench of this Court.

In contra, learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and

Patna High Court CR. MISC. No.16291 of 2024(2) dt.12-03-2024 3/3 circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Kotwali (Munger) P.S. Case No. 414 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Munger.

(Sunil Kumar Panwar, J) Nirajkrs/- U T