Patna High CourtCR. MISC./20056/2025bail granted

Sonu Prasad @ Sonu Kumar v. The State Of Bihar

2025-04-23Mr. Justice Jitendra Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20056 of 2025 Arising Out of PS. Case No.-2 Year-2025 Thana- Bahoranpur District- Bhojpur ====================================================== Sonu Prasad @ Sonu Kumar, S/o Upendra Prasad, Resident of VillageUmarwanganj, P.S.- Bahoranpur, Dist.- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Rajani Ranjan Pd. Singh,Advocate For the State :

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 23-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail, apprehending his arrest, in connection with Bahoranpur Town P.S. Case No. 2 of 2025, dated 04.01.2025, registered for the offences punishable under Sections 126(2), 115(2), 109(1), 352, 351(2) and 3(5) of Bhartiya Nayay Sanhita Act.

3. As per allegation, the petitioner along with other co-accused is alleged to have assaulted the informant with lathi and iron rod causing injury on hand and head of the informant.

4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that similarly situated co-accused have already been enlarged on bail by the learned court below and

Patna High Court CR. MISC. No.20056 of 2025(2) dt.23-04-2025 2/3 even as per the specific allegation against the petitioner, he is alleged to have assaulted by iron rod on the hand of the informant, is not a vital part and as such offence of attempt to murder is not made out.

5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.

6. It has further been stated in paragraph no. 3 of the bail petition that the petitioner has no criminal antecedent.

7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.

8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of concerned Court below, in connection with Bahoranpur Town P.S. Case No. 2 of 2025, subject to the conditions as laid down under Section 438 (2) Cr.PC and on the following conditions: (i) In case, it is brought to the notice of the court

Patna High Court CR. MISC. No.20056 of 2025(2) dt.23-04-2025 3/3 below that the petitioner has any criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) Ramesh, S. Ali/- U T