Sunni Kumar @ Sunny Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26010 of 2020 Arising Out of PS. Case No.-144 Year-2019 Thana- HISUWA District- Nawada ====================================================== SUNNI KUMAR @ SUNNY KUMAR, (Male), aged about 26 years, S/o Birendra Singh @ Dharmendra Singh @ Pathal Singh, R/o Village- Orro, P.S.- Hasua (Hisua), District- Nawada.

... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Arjun Prasad, Advocate.

For the Opposite Party :

Mr. Ram Chandra Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-11-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks after restoration of normalcy.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case for the offence registered under Sections 341, 323, 504, 506, 307/34 of the I.P.C. and 27 of the Arms Act.

The prosecution story, in brief, is that on 21.04.2019,

Patna High Court CR. MISC. No.26010 of 2020(3) dt.23-11-2020 2/3 when the informant and his family members were returning after attending reception of the sister of the informant, F.I.R. named accused were sitting in the Verandaha of Pato Sao and were taking wine as they saw them they started abusing them. In the meantime, co-accused Dharmendra Singh (Pathar Singh) and others having pistols in their hands came there and on the order of co-accused Pathar Singh, this petitioner (Sunni) fired in the stomach of the informant's son Vikash Kumar and coaccused Chandan Kumar tried to fire on the head of informant's nephew Gautam Kumar.

It has been submitted by learned counsel for the petitioner that the petitioner is in custody since 14.02.2020. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The case diary was called for. Opinion regarding nature of injury of the of the victim was reserved by the doctor. No final opinion regarding nature of injury has been expressed by the doctor. It is further submitted that the petitioner may be released on bail after completion of one year in custody. On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R.

Patna High Court CR. MISC. No.26010 of 2020(3) dt.23-11-2020 3/3 Considering the facts and circumstances of the case, the petitioner above named, is directed to be released on bail after completion of one year in custody on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada, in connection with Hisua (Hasua) P.S. Case No. 144/2019.

U.K./- (Sudhir Singh, J) U T