Sonu Kumar @ Sonu Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24282 of 2022 Arising Out of PS. Case No.-665 Year-2021 Thana- SONEPUR District- Saran ====================================================== Sonu Kumar @ Sonu Thakur Son Of Late Pramod Baitha R/O VillageBangar Banshi, P.S.- Kudhani, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Sonepur P.S. Case No. 665 of 2021 registered under Sections 302 and 120B of the Indian Penal Code and Section 27 of the Arms Act. Prosecution case in short is that when the informant and his son was at their tea shop then accused persons came to their shop and they threatened them to close their shop. One accused person, namely, Lalu Rai instigated and assaulted them. After that, one Arun Gupta called some other accused persons including the petitioner, all of them arrived having knife, katta and Iron rod in their hands and surrounded the son of the informant and thereafter, the petitioner, namely, Sonu Kumar

Patna High Court CR. MISC. No.24282 of 2022(8) dt.23-02-2023 2/3 assaulted him with knife causing excessive bleeding due to which he succumbed to injury during treatment. It is further alleged that some other 10-15 accused persons committed loot at their shop.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. As per impugned order, the petitioner is not named in F.I.R. rather his name came into light in this case on the basis of confessional statement of Sonu Thakur that his servant Sonu Kumar(petitioner) also assaulted Jay Kishun Sah (deceased) with bricks. Except confessional statement, nothing has come against the petitioner. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. He is languishing in judicial custody since 11.12.2021.

The application for bail is vehemently opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Sonepur P.S. Case No. 665 of 2021 on

Patna High Court CR. MISC. No.24282 of 2022(8) dt.23-02-2023 3/3 furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Chapra.

(Sunil Kumar Panwar, J) shubham/- U T