Sunil Kumar @ Sunil Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25550 of 2022 Arising Out of PS. Case No.-364 Year-2020 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== Sunil Kumar @ Sunil Sah Son of Ram Pavitra Sah Resident of Village - Manik Chauk, Sripur, P.s.- Runnisaidpur, Distt.- Sitamarhi. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashhar Mustafa, Adv.
:
Mr.Vikash Kumar Jha, Adv.
For the Opposite Party/s :
Mr. A.G, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-12-2022 Let the defect(s), if any, be removed within two weeks from today.
Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.
The petitioner seeks regular bail in connection with Runnisaidpur P.S. Case No. 364 of 2020 lodged under Sections 147, 148, 447, 323, 325, 341, 307, 302, 504 of the I.P.C. As per the prosecution case, the F.I.R. has been filed against 22 named accused persons that all gathered at the house of the informant with lathi, danda, iron rod, stone and started abusing the informant and his family members as well as they started assaulting. The dispute was going on only due to the reason that name was involved in an excise case. The petitioner
Patna High Court CR. MISC. No.25550 of 2022(5) dt.20-12-2022 2/3 is the order giver.
Learned counsel for the petitioner submits that for the same date and place of occurrence, there are case and countercase. The present case has been filed bearing Runnisaidpur P.S. Case. No. 364 of 2020 whereas the contesting party has filed a case which was recorded as Runnisaidpur P.S. Case No. 365 of 2020 for the same date and place of occurrence. Learned counsel further submits that there is nothing specific alleged against the petitioner save and except the order giver. He submits that there are 2 criminal antecedent of the petitioner in which he is on bail. Learned counsel further submits that petitioner is in custody since 23.01.2022. He submits that the other co-accused has been granted bail by the Co-ordinate Bench of this Court vide order dated 02.12.2021 passed in Cr. Misc. No.33923 of 2021.
Learned counsel for the State opposes the prayer for bail.
In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Sitamarhi in connection with
Patna High Court CR. MISC. No.25550 of 2022(5) dt.20-12-2022 3/3 Runnisaidpur P.S. Case No. 364 of 2020, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:
A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.
B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner.
C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.
With this observation, the bail application stands allowed.
(Dr. Anshuman, J.) prakashmani/- U T