Kanhaiya Kumar Soni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29899 of 2021 Arising Out of PS. Case No.-524 Year-2020 Thana- CHAPRA TOWN District- Saran ====================================================== 1.

Kanhaiya Kumar Soni S/o- Bashudeo Sah 2.

Vishal Kumar @ Vishal Kumar Soni S/o- Late Sunil Soni Both Resident of Village- Rauza near Masjeed, P.S.- Town, District- Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nawal Kishore Singh For the Opposite Party/s :

Mr.APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-11-2021 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners seek bail in connection Town P.S. Case no. 524 of 2020 registered for the offence punishable under sections 341, 323, 324, 308 and 325/34 of the Indian Penal Code. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and are in custody since 14.01.2021 and charge sheet has been submitted. Learned counsel for the petitioners submits that from perusal of the allegation as alleged in the FIR, it would manifest that Kanhaiya Kumar Soni (petitioner no.1) is alleged to have assaulted the father of the informant by Farsa on head and gave repeated blow leading to injury, further with regard to Vishal

Patna High Court CR. MISC. No.29899 of 2021(2) dt.24-11-2021 2/2 Kumar @ Vishal Kumar Soni (petitioner no.2), it is alleged that he assaulted the informant by Khunti on head leading to injury. Learned counsel for the petitioners further submits that from perusal of the injury report, it would manifest that four injuries were found caused by hard and blunt substance out of which injury no.4 was grievous whereas two injuries were found on the informant which is alleged to have been assaulted by Vishal Kumar, both injuries are simple in nature.

Learned APP opposed the prayer for bail.

Considering the facts that petitioners are jail custody since 14.01.2021, charge sheet has been submitted and petitioners are persons with clean antecedent and the allegation is of assault by Farsa but the injury report shows that injuries were caused by hard and blunt substance and only one injury is found to be grievous, the petitioners are directed to be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge III, Saran at Chapra in Session Trial no. 156/2021 arising out of Town P.S. Case no. 524 of 2020. (Satyavrat Verma, J) s.hassan/- U T