Rakki Sonar @ Rocky Verma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17929 of 2024 Arising Out of PS. Case No.-499 Year-2023 Thana- SAHPUR District- Bhojpur ====================================================== Rakki Sonar @ Rocky Verma S/o Chitur Sonar R/o VILLAGE - SHAHPUR, P.S. - SHAHPUR, DISTRICT - BHOJPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhaskar Shankar For the Opposite Party/s :

Mr. Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-04-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 384, 385, 504, 506, 34 of the Indian Penal Code & Sections 25(a) of Arms Act and 67 of I.T. Act.

3. Learned counsel for the petitioner submits that petitioner has antecedent of two cases but then those two cases have also been instituted with respect to the same occurrence, which occurred at the time of immersion of Goddess Durga, one by the police and other by one Badal Dhanuk. It is further submitted that the petitioner in the instant case has been implicated by the informant with an allegation that at the time of immersion of Goddess Durga, an information was received that

Patna High Court CR. MISC. No.17929 of 2024(2) dt.04-04-2024 2/3 two sides are bent upon committing an occurrence, one side being led by the petitioner and other side was being led by Badal Dhanuk and both sides were threatening each other of dire consequences on social media. It is further submitted that from perusal of the allegation, as alleged in the F.I.R., it would manifest that Badal Dhanuk is alleged to have threatened the petitioner and his side on social media carrying a gun, as such, the instant case came to be instituted under the Arms Act also but then submits that as far as this petitioner is concerned he is alleged to have given threatening to the other side on social media but was not carrying any gun. It is further submitted that the petitioner will not abscond rather will co-operate in the investigation.

4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where

Patna High Court CR. MISC. No.17929 of 2024(2) dt.04-04-2024 3/3 the case is pending/successor court in connection with Shahpur P.S. Case No.499/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

6. Further, one of the bailors of the petitioner shall be his maternal uncle namely Balwant Kumar.

7. However, it is made clear that in the event if the Investigating Officer of the case files an application before the learned trial court bringing to his notice that the petitioner despite giving assurance to this court is not co-operating in the investigation or is not presenting himself as and when required in that event the learned trial court shall be at liberty to cancel the bail bond of the petitioner after recording reason.

8. Let a copy of this order be sent to the concerned P.S. through the learned trial court.

(Satyavrat Verma, J) amit/- U T