Sunny Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29560 of 2024 Arising Out of PS. Case No.-352 Year-2022 Thana- BHAGWAN BAZAR District- Saran ====================================================== Sunny Kumar S/O Rajendra Rai R/O Village- Auli Gachhi, P.S- Rivilganj, Dist.- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amarrendra Kumar, Adv.

For the informant Mr. Ravi Prakash, Adv.

For the State :

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-08-2024 Heard learned counsel for the petitioner, informant and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 302, 120B/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. Petitioner along with other accused persons are said to have committed murder of the brother of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is no specific overt act against the petitioner. He submits that there is general and omnibus allegation levelled against the petitioner. He submits that there is specific allegation against Binod Kumar who fired upon the

Patna High Court CR. MISC. No.29560 of 2024(3) dt.23-08-2024 2/2 deceased. He submits that there is no allegation against the petitioner to tamper with the prosecution witnesses. He further submits that petitioner has two criminal antecedents as stated in para-3 of the bail application.

5. Learned APP for the State and informant oppose the prayer for bail submit that the petitioner is also involved in the present case.

6. Considering the facts and circumstances of the case and the fact that there is no specific overt act against the petitioner, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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 Bhagwan Bazar P.S. Case No. 352 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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