Sonu Kumar Singh @ Sonu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36564 of 2021 Arising Out of PS. Case No.-304 Year-2019 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== SONU KUMAR SINGH @ SONU SINGH SON OF UMESH SINGH Resident of Village- Chakiya, P.S.- Panapur, District- Saran at Chapra. As per Coloum 7 of The FIR wrongly Stated as Village- Yadopur, P.S.- Baikunthpur, District- Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jeetendra Narayan, Adv.
For the Informant :
Mr. Natraj Verma, Adv.
For the State : Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-01-2022 Heard learned counsel for the parties through video conferencing.
The petitioner has preferred this application for grant of regular bail in a case registered under section 302 and other sections of the Indian Penal Code and section 27 of the Arms Act.
As per the prosecution case, it is stated that the eight named accused persons including the petitioner herein came variously armed with sword, lathi etc. and brutally assaulted the brother of the informant as a result of which he died.
It is submitted by learned counsel for the petitioner
Patna High Court CR. MISC. No.36564 of 2021(3) dt.24-01-2022 2/3 that the petitioner has been falsely implicated in the case. There is delay in lodging of the F.I.R. The allegations are general and omnibus in nature. The inquest report states that it appears to be a death having been caused by traffic accident. The post-mortem report does not support the allegation of assault by so many accused persons. The petitioner is in custody since 9.3.2021 and has no criminal antecedent. Chargesheet has been submitted in the case.
The application for bail is opposed by learned A.P.P. for the State and learned counsel for the informant. It is submitted by learned counsel for the informant that not only the petitioner is named in the F.I.R but there is direct allegation against him that he along with others took away the brother of the informant and assaulted him as a result of which he died. Having heard learned counsel for the parties and taking into consideration the facts of the case, the material that has transpired in course of investigation, the allegations being general and omnibus in nature and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Baikunthpur P.S. Case no.304 of 2019 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.36564 of 2021(3) dt.24-01-2022 3/3 satisfaction of the learned Judicial Magistrate 1st Class, Gopalganj.
(Partha Sarthy, J) Saurabh/- U T