Sonajeet Singh @ Sonajeet Sharma @ Sonejit Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22573 of 2023 Arising Out of PS. Case No.-25 Year-2022 Thana- BIKRAM District- Patna ====================================================== Sonajeet Singh @ Sonajeet Sharma @ Sonejit Sharma, Male, aged about 41 years, Son Of Yamuna Singh Resident Of Village - Khoritha @ Khoraitha, P.S. - Bikram, Distt. - Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Hriday Prasad, Advocate For the State :
Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 24-06-2023 Heard learned counsel for the petitioner and the learned APP for the State.
The petitioner is apprehending his arrest in connection with Bikram P.S. Case No. 25 of 2022, registered for the offence punishable under Sections 341, 323, 307, 379, 504, 506, 34 of the Indian Penal Code (for brevity 'IPC').
There is allegation that the petitioner has assaulted the informant's wife on her head by a brick.
Learned counsel for the petitioner submits that the prosecution case is false. He submits that the scuffle ensued between the parties, who are close relatives, over construction being undertaken over certain piece of disputed land. Both parties have sustained injuries in the process, taking advantage
Patna High Court CR. MISC. No.22573 of 2023(2) dt.24-06-2023 2/3 of which, the prosecution has been lodged against the instant petitioner by name whereas petitioner happens to be brother-inlaw (devar) of the victim. The parties have subsequently resolved the issue and the same had led to filing of a joint compromise petition in the Court, copy of which is Annexure- 2 to the bail application. From bare perusal of Annexure-2, it is apparent that there is also a counter version of the prosecution case, which is to be found in Bikram P.S. Case No. 27 of 2022. Petitioner has no criminal antecedents.
Learned APP for the State has opposed the prayer for prearrest bail. Considering the rival submissions, nature of allegation, clean antecedents and averments made in the joint compromise petition, this Court, for the limited purposes of grant of bail, is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail is allowed.
Accordingly, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from today, be released 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 A.C.J.M., VI, Danapur, Patna in connection with Bikram P.S. Case No. 25 of
Patna High Court CR. MISC. No.22573 of 2023(2) dt.24-06-2023 3/3 2022, subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure with following conditions: (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.
(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.
(Madhuresh Prasad, J) Raj kishore/- U T