Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22365 of 2024 Arising Out of PS. Case No.-139 Year-2023 Thana- KATIHAR NAGAR District- Katihar ====================================================== Sunil Kumar son of Amir Chandra Ray R/o- Ram Nagar Ps- Nagar DistKatihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Singh For the Opposite Party/s :

Mr. Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-04-2024 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 offences punishable under Sections 341, 323, 324, 307, 120B, 504 & 506/34 of the Indian Penal Code.

3. The allegation against the petitioner is that on his instruction one co-accused Aashu assaulted the informant with knife with an intention to kill him.

4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The specific allegation of assault is against co-accused, Aashu and not on the petitioner. The petitioner is said to be

Patna High Court CR. MISC. No.22365 of 2024(2) dt.04-04-2024 2/2 only the order giver. It is further submitted that at the date and time of the occurrence the petitioner was at Rajasthan on his duty. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case as well as the fact that the allegations against the petitioner is general and omnibus in nature, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, 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 where the case is pending/successor Court in connection with Nagar P.S. Case No. 139 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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