Pratham Kumar Pathak @ Sonu Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24193 of 2023 Arising Out of PS. Case No.-239 Year-2022 Thana- DUMRAO District- Buxar ====================================================== PRATHAM KUMAR PATHAK @ SONU PATHAK Son of Sunil Pathak Resident of Safa Khana Road Po Ps- Dumraon Dist- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Awadhesh Kumar Mishra, Advocate :

Mr. Shiv Pujan Sahay, Advocate :

Mr. Jitendra Kumar George, Advocate For the Opposite Party/s :

Mr. Satyendra Prasad, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-06-2023 Heard learned counsel for the petitioner and the State.

Petitioner apprehends arrest in a case registered for the offence punishable under sections 302, 307, 120(B)/34 of the Indian Penal Code and under Section 27 of Arms Act. As per the FIR, on the alleged date and time of occurrence, co-accused Sunil Pathak and Dhanu Pathak are alleged to have fired twice upon Monu Kumar which hit him in the right shoulder and beneath the left shoulder. It is further alleged that Sunil Pathak pressed the neck of the Monu Kumar

Patna High Court CR. MISC. No.24193 of 2023(2) dt.27-06-2023 2/3 with his leg whereas Dhanu Pathak assaulted Monu Kumar with the butt of the pistol on the back of his head. As a result, Monu Kumar died on the spot. It is further alleged that prior to this occurrence, Sunil Pathak had threatened the informant and his family members with dire consequences. It is submitted on behalf of the petitioner that the accusation of assault and causing firearm injury is against coaccused Sunil Pathak and Dhanu Pathak. So far as this petitioner is concerned, there is no allegation of assault, firing or threatening the family members of the informant. Police after investigation submitted final form of the case but the court below differing with the same took cognizance of the offence against this petitioner. The petitioner has got no criminal antecedent.

Learned counsel for the State opposes the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar in connection with

Patna High Court CR. MISC. No.24193 of 2023(2) dt.27-06-2023 3/3 Dumraon P.S. case no. 239 of 2022 subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Alok Verma/- U T