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Patna High CourtCR. MISC./47198/2015allowed

Sonu Kumar Das v. The State Of Bihar

2015-11-10Mr. Justice Ramesh Kumar Datta2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47198 of 2015 Arising Out of PS.Case No. -442 Year- 2014 Thana -SAUR BAZAR District- SAHARSA ====================================================== Sonu Kumar Das Son of Turanti Das, Resident of Vill- Ghoghanpatti P.S Sour Bazar, (Patarghat O.P) District Saharsa. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Verma For the Opposite Party/s : Mr. Khurshid Anwar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER 10-11-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner prays for anticipatory bail in a case under Sections 147,149,341,323,324,307,504 of the Indian Penal Code and Section 27 of the Arms Act to which subsequently Section 302 IPC has been added upon the death of Domi Yadav. It is submitted by learned counsel for the petitioner that there is no specific allegation against the petitioner of having made any assault on Domi Yadav rather it is stated in the FIR that assault on the head was made by Turanti Das and in the post mortem report also a single injury was found. It is further submitted that so far as the allegation against the petitioner is concerned, it is stated that he had assaulted Ratan Yadav but

Patna High Court Cr.Misc. No.47198 of 2015 (2) dt.10-11-2015 2/2 nothing has been brought on the record to show that Ratan Yadav has received any injury as alleged. It is also submitted that the petitioner has clean antecedent. Further, it is pointed out that all the remaining accused persons excluding Turanti Das have been granted anticipatory bail by this Court by order dated 20.8.2015 passed in Cr. Misc. No. 21391 of 2015.

On a consideration of the facts and circumstances of the case, it is directed that the petitioner Sonu Kumar Das in the event of his arrest/surrender in the court below within a period of four weeks from today, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Sour Bazar (Patarghat O.P.) P.S. Case No. 442 of 2014 to the satisfaction of the Chief Judicial Magistrate, Saharsa, subject to the other conditions as laid down under Section 438(2) Cr.P.C. (Ramesh Kumar Datta, J) S.Pandey/- U T