Sonu Kohar @ Sonu Kumhar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18674 of 2019 Arising Out of PS. Case No.-3 Year-2017 Thana- BUXAR INDUSTRIAL District- Buxar * ====================================================== SONU KOHAR @ SONU KUMHAR Son of Kishan Kohar @ Krishna Prasad, Resident of Village-Churamanpur, P.S-Buxar (Industrial), DistrictBuxar. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Adv.

Mr.Pravin Kumar, Adv.

For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 07.02.2019 in a case registered for the offences punishable under Sections 147, 148, 149, 504, 307, 386 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case got initiated on the basis of written report of Dhanjee Pandey submitted before the Station House Officer, Buxar (O.P.) Police Station is to the effect that on 03.01.20147 at 3.30 P.M., all the accused persons named in the FIR, including the petitioner and 3-4 unknown variously

Patna High Court CR. MISC. No.18674 of 2019(2) dt.29-03-2019 2/3 armed came at the door of the informant on Scorpio vehicle and all of sudden co-accused Abhisekh Gaurab, Shekhar Suman Pandey and Ghanshyan Pandey came and started abusing the informant and resorted to fire. However, on arrival of the police, the accused persons escaped from the scene. The motive of the occurrence was creating terror as earlier the accused persons had killed the brother of the informant Rama Shankar Pandey, leading to registration of Buxar (O.P.) P.S. case No. 4 of 2016 in which trial is going on. It is submitted by learned counsel for the petitioner that neither the accusation of firing has been levelled against the petitioner nor the petitioner is accused in the murder case of the brother of the informant. It is further submitted that though the petitioner is accused in three other cases, but in all those cases, he is on bail.

Learned APP for the State submits that the petitioner was sharing common intention along with the other accused person who resorted to fire on the informant. Considering the fact that the specific accusation of firing is not against the petitioner, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.18674 of 2019(2) dt.29-03-2019 3/3 amount each to the satisfaction of learned CJM, Buxar in connection with Buxar (Industrial Area) P.S. Case No. 03 of 2017.

(Dinesh Kumar Singh, J) Ashwini/- U T