Raj Kumar @ Raj Kumar Soni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24727 of 2024 Arising Out of PS. Case No.-73 Year-2024 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== 1.
Raj Kumar @ Raj Kumar Soni Son of Ram Baran Sah Resident of VillageBishnupur, Ward No. 42, P.S.- Town, District- Begusarai 2.
Ram Baran Sah S/o Lakhan Sah Resident of Village- Bishnupur, Ward No. 42, P.S.- Town, District- Begusarai 3.
Vikram Kumar @ Vipul S/o Lalo Sah Resident of Village- Bishnupur, Ward No. 42, P.S.- Town, District- Begusarai ... ... Petitioners
Versus
The State of Bihar ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr.Anshu Dhar Sharma, Advocate For the Opposite Party :
Mr.Ahmad Ali, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-04-2024 Heard learned counsel for the petitioners and the State.
2. Petitioners apprehend arrest in a case registered for the offence punishable under sections 341, 307, 506/34 and other ancillary sections of the Indian Penal Code.
3. As per the prosecution case, at about 12 noon on 01-02-2024 while the informant was sitting in his house, in the mean time he heard sound of hue and cry and then he went out and saw that co-accused Sanjay Soni, petitioners no.1, 2 and 3 as well as co-accused Sanjay Soni, Jagarnath Sah, Dilip Sah and Priyanka Kumari assaulted father of the informant by the means of iron rod. When informant went to rescue his father, then caaccused Sanjay Soni assaulted him on his head by the means of butt of pistol. Brother of informant was also assaulted by petitioner no.1 Raj Kumar and co-accused Jagarnath Sah and Dilip Sah. Co-accused Jagarnath Sah assaulted father of the informant by means of iron rod causing injury on his shoulder.
Patna High Court CR. MISC. No.24727 of 2024(2) dt.24-04-2024 2/2 Next day also, accused persons assaulted the informant.
4. It is submitted on behalf of the petitioners that allegation of assault is general and omnibus and no specific overt act has been alleged against these petitioners. Injuries sustained by the informant and his family members are simple in nature. Parties are co-businessmen operating their business from the same place. They have business rivalry leading to the institution of this false case. Petitioners claim clean antecedent.
5. Considering the aforesaid facts of the case, prayer for bail of all the petitioners is allowed. In the event of arrest/surrender within six weeks from today, let these petitioners, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Begusarai in Begusarai Town Police Station Case No. 73 of 2024, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Shashi U T