Sonu Kumar @ Shahanwaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14897 of 2023 Arising Out of PS. Case No.-290 Year-2021 Thana- KASBA District- Purnia ====================================================== SONU KUMAR @ SHAHANWAZ S/O LATE SAFIQUE Resident of Village- Jindpur, P.S.- Kasba, District- Purnia. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dr. Bidhu Ranjan For the Opposite Party/s :

Mr. Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 307, 354 and 504 of the Indian Penal Code pending in the learned court below.

Allegation against the petitioner is that he has assaulted on the head of the informant by means of iron rod. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that as per the prosecution story altogether 12 persons are named in the FIR and due to noncasting of vote the informant is alleged to have been assaulted by Sonu Kumar and he received injury on head and the injured

Patna High Court CR. MISC. No.14897 of 2023(2) dt.12-05-2023 2/2 Rustam received injury caused by hard and blunt substance. He submits that due to political rivalry as the informant contested the Panchayat election in which petitioners did not caste their votes in his favour. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application. Per contra, learned APP for the State vehemently opposing the bail application and submits that the injury of the informant is grievous in nature. Hence, he does not deserve anticipatory bail.

Considering the nature of the injury, I am not inclined to enlarge the petitioner on bail in connection with Kasba P.S. Case No. 290/2021. Accordingly, his prayer for anticipatory bail is hereby rejected.

However, if the petitioner surrenders before the learned Court below within a period of six weeks from today and seeks regular bail, the learned Court below would pass the order, preferably, on the same day, without being prejudiced by this order.

(Anjani Kumar Sharan, J) ajay/- U T