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Patna High CourtCR. MISC./22573/2024bail granted

Anup Sonar @ Anuj Sonar v. The State Of Bihar

2024-04-24Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22573 of 2024 Arising Out of PS. Case No.-492 Year-2023 Thana- SAHPUR District- Bhojpur ====================================================== 1.

Anup Sonar @ Anuj Sonar SON OF MANOJ SONAR 2.

Manoj Sonar Son Of Om Prakash Sonar @ Omprakash Sonar 3.

Om Prakash Sonar @ Omprakash Sonar Son Of Baleshwar Sonar All Resident Of Village - Shahpur, Ps- Shahpur, Distt- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Diwakar, Advocate For the Opposite Party/s :

Mr.Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-04-2024

1. Heard learned counsel for the petitioners as well as learned APP for the State.

2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 332, 333, 337, 338, 353, 188 and 307 of the IPC.

3. The learned counsel for the petitioners submit that petitioner no.1 and 2 have antecedent of one case and petitioner no.3 has antecedent of two cases and from perusal of the allegation as alleged in the FIR, it would manifest that there is

Patna High Court CR. MISC. No.22573 of 2024(2) dt.24-04-2024 2/3 no specific allegation of assault against the petitioner.

4. It is further submitted that the allegation of assault is general and omnibus in nature against all the accused persons. It is next submitted that at the time of immersion of the idol of Lord Durga an altercation took place when the present occurrence is alleged to have taken place and the informant alleges that he was assaulted by nine named accused persons. It is next submitted that from perusal of the order impugned it would manifest that the injured has suffered simple injury, which amply demonstrates that petitioners never had any intention of committing a serious occurrence, there is no specific allegation also against them of assaulting.

5. The learned APP opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Ist, Bhojpur at Ara in connection with Shahpur P.S. Case No.492 of 2023,

Patna High Court CR. MISC. No.22573 of 2024(2) dt.24-04-2024 3/3 subject to the conditions laid down under Section 438(2) of the Cr.P.C. with a further condition that one of the bailor of the petitioner no.3, Om Prakash Sonar @ Omprakash Sonar shall be his father Baleshwar Sonar.

7. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T