Sonu Mishra @ Rahul v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31581 of 2024 Arising Out of PS. Case No.-356 Year-2022 Thana- MIRGANJ District- Gopalganj ====================================================== Sonu Mishra @ Rahul Son of Vijay Mishra Resident of Village- Narayniya, P.S. Mirganj, Distt.- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Kumari Anupam, Adv.
For the Opposite Party/s :
Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Meerganj P.S. Case No. 356 of 2022 registered under Sections 341, 323, 354, 380, 447, 448, 504 and 506/34 of the Indian Penal Code.
3. On the alleged date and time of occurrence, this petitioner caught younger daughter of informant from behind and closed her mouth and tried to commit assault. It is further alleged that all the F.I.R. named accused persons including this petitioner armed with lathi-danda, farsa, talwar entered the
Patna High Court CR. MISC. No.31581 of 2024(3) dt.05-09-2024 2/3 house of informant and started assaulting informant and her family members.
4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case due to village politics. Allegation against the petitioner is general and omnibus. As a matter of fact, 5 days prior to this case, Mirganj P.S. Case No. 351 of 2022 was lodged by the petitioner against informant and others, and in retaliation, this false and concocted case has been lodged. Further submission is that the alleged occurrence took place on 30.09.2022, but F.I.R. has been lodged after a lapse of 9 days, and there is no explanation for the delay.
5. Learned A.P.P. for the State opposed the prayer for bail of the petitioner.
6. Having considered the accusation, delay in lodging the F.I.R. and other facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial MagistrateXV, Gopalganj in connection with Meerganj P.S. Case No. 356
Patna High Court CR. MISC. No.31581 of 2024(3) dt.05-09-2024 3/3 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.
(Prabhat Kumar Singh, J) utkarsh/- U T