Sonu Kumar @ Abhishek Kumar @ Sonu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24508 of 2020 Arising Out of PS. Case No.-501 Year-2014 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== SONU KUMAR @ ABHISHEK KUMAR @ SONU SINGH Son of Arun Kumar Singh @ Arun Singh Resident of Village- Madhaul, P.S.- Runnisaidpur, District- Sitamarhi.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pushpendra Kumar Singh, Advocate.

For the Opposite Party/s :

Mr. Kumar Ranjeet Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-11-2020 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. The petitioner seeks bail in a case registered for the offence punishable under Sections 302, 307 & 120 B/34 of the Indian Penal Code and Section 27 of the Arms Act. The prosecution case, in nutshell, is that while the informant along with his brother and sister-in-law was regressing to his house on motorcycle after hearing the case of his nephew in the Court and when they reached near Takaur Petrol Pump, the petitioner along with other six accused on the two motorcycle came there and resorted indiscriminate firing, as a result of which the informant, his brother and sister-in-law fell on the road and the aforesaid persons managed to escape

Patna High Court CR. MISC. No.24508 of 2020(3) dt.02-11-2020 2/3 towards Runnisaidpur. It is further alleged that when he woke up, he found that his sister-in-law sustained firearm injury on her forehead and his brother sustained firearm injury on his back. The blood was oozing from their persons. On alarm made by him, local persons assembled there and found that his sisterin-law died and his brother was taken to Sadar Hospital for treatment.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. The petitioner was not apprehended on the spot. No incriminating article has been recovered from his conscious physical possession. He has been falsely implicated in this case by the informant in retaliation to the case lodged by Bachcha Singh for kidnapping of his daughter Bharti Kumari by his nephew vide Runnisaidpur P.S. Cae No.212 of 2014. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner has been languishing in custody since 07.12.2017.

Per contra, learned APP for the State vehemently opposing the bail petition submitted that there is direct allegation of gunning down the sister-in-law of the informant by the petitioner and his associates, hence he does not deserve

Patna High Court CR. MISC. No.24508 of 2020(3) dt.02-11-2020 3/3 bail.

In the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. The prayer for bail is hereby rejected. However, the learned Trial Court is directed to expedite the trial.

(Anjani Kumar Sharan, J) Trivedi/- U T