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Patna High CourtCR. MISC./24250/2021allowed

Sonu Kumar v. The State Of Bihar

2021-08-23Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24250 of 2021 Arising Out of PS. Case No.-173 Year-2020 Thana- BIDUPUR District- Vaishali ====================================================== Sonu Kumar, aged about 29 years (Male), Son of Vishwa Nath Rai, Resident of Village Bidupurdih, P.S. Bidupur, District Vaishali. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satish Kumar Sinha, Advocate For the Opposite Party/s :

Mr. H.A. Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-08-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. The petitioner seeks bail in a case registered for the offence punishable under Sections 341, 323, 324, 307/34 of the Indian Penal Code as well as under Section 27 of the Arms Act. The informant alleged that when he was going to sleep in the Dalan of his house on 11.05.2020 at 10.30 P.M., Bipin Kumar, Vasant Kumar, Vikash Kumar, Sonu Kumar and Sunny Kumar entered into the Dalan and started threatening and abusing the informant. When the informant protested, Bipin Kumar fired on him which hit in the abdomen of the informant. Thereafter Vasant and Sonu Kumar also fired which hit on the hand of the informant.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.24250 of 2021(3) dt.23-08-2021 2/2 petitioner has falsely been implicated in the case. He further submits that the occurrence took place on 11.05.2020, but the FIR was lodged on 18.05.2020. The informant gave his statement to Shri Amit Kumar, S.I. on 16.05.2020 at PMCH, Patna. The allegation against the petitioner is that the petitioner fired upon the informant with intention to kill him but the shot hit on the informant's hand, which is not the vital part of the body. The petitioner is in jail custody since 03.09.2020 and he has got no criminal antecedent as mentioned in para 3 of the bail petition.

Considering the facts and circumstances of the case, let petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned court below/successor court where the case is pending in connection with Bidupur P.S. Case No.173 of 2020. The trial court is directed to accept the bail bond of the petitioner after verification about his criminal antecedent. (Anjani Kumar Sharan, J) S.KUMAR/- U T