Sonu Kumar @ Niraj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28008 of 2020 Arising Out of PS. Case No.-672 Year-2018 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== SONU KUMAR @ NIRAJ S/o Hari Kishore Singh Resident of VillageMorsand, P.S.-Runnisaidpur, District-Sitamarhi. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Pushpendra Kumar Singh, Advocate For the Opposite Party/s :
Mr. A.M.P. Mehta, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 08-02-2021 As prayed for, let the learned counsel appearing for the petitioner remove the defect(s), as pointed out by the office vide its notes dated 19.10.2020, within four weeks of starting of Court proceeding in physical mode.
Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Runnisaidpur P.S. Case no. 672 of 2018, registered under Sections 341, 323, 307, 324, 342, 504, 506 and 379/34 of the Indian Penal Code.
The accusation is that on 09.11.2018 at about 10.00 A.M., informant Kaushalendra Kishore Singh was at his house, in the meantime, Hari Kishore Singh having lathi, Sonu Kumar @ Niraj (Petitioner) having Dabiya and Shitanshu
Patna High Court CR. MISC. No.28008 of 2020(2) dt.08-02-2021 2/3 Kumar @ Dhiraj having bamboo stick in their hands came there and started to cut Tejpata, Guava, Lemon tree etc. planted on his door. When informant made protest then Hari Kishore Singh and Shitanshu Kumar @ Dhiraj stared to abuse and all caught hold him, at that time, Sonu Kumar @ Niraj (Petitioner) caused injury through Dabiya at the head of Sanjay Singh. Learned counsel for the petitioner submits that it would appear from the F.I.R. that while allegation has been made against petitioner to cause injury through Dabiya at the head of Sanjay Singh, but two injuries one is lacerated and other is pain and swelling were found on the person of Sanjay Singh, which are simple in nature. Further submission is that, in fact, due to land dispute in between families of petitioner and informant, hot talk and scuffle took place in which father of petitioner sustained injuries regarding which Runnisaidpur P.S. Case no. 673 of 2018 was instituted against the informant of the present case and four others.
Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like
Patna High Court CR. MISC. No.28008 of 2020(2) dt.08-02-2021 3/3 amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Runnisaidpur P.S. Case no. 672 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) manish/- U T