Patna High CourtCR. MISC./30536/2024bail rejected

Sonu Kumar @ Rakesh Kumar v. The State Of Bihar

2024-07-26Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30536 of 2024 Arising Out of PS. Case No.-1009 Year-2023 Thana- ALAMGANJ District- Patna ====================================================== Sonu Kumar @ Rakesh Kumar son of Surendra Prasad R/O- Badi Patan Devi, Hari Babu ki Gali, P.S Alamganj, Distt- Patna. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 37473 of 2024 Arising Out of PS. Case No.-1009 Year-2023 Thana- ALAMGANJ District- Patna ====================================================== Aman Kumar SON OF Ramesh Sharma R/O MOHALLA- BARI PATAN DEVI, BADHAI TOLA, P.S.- ALAMGANJ, DIST- PATNA ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 30536 of 2024) For the Petitioner/s :

Mr. Vijay Anand, Advocate For the Opposite Party/s :

Mr. Navin Kumar Pandey, APP (In CRIMINAL MISCELLANEOUS No. 37473 of 2024) For the Petitioner/s :

Mr.Harish Kumar, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 26-07-2024

1. Heard learned counsel for the parties.

2. The petitioners have preferred this application for grant of regular bail in connection with Alamganj P.S. Case no.1009 of 2023 registered under sections 302, 341, 324, 326 and 307 of the Indian Penal Code and section 27 of the Arms Act.

Patna High Court CR. MISC. No.30536 of 2024(3) dt.26-07-2024 2/3

3. As per the prosecution case, the informant states that while her father was having food at night, she heard sound of firing. On going out of the house she found firing being exchanged from two sides and she identified the accused persons including the two petitioners herein. It is stated that her father sustained gunshot injury in the said cross firing.

4. It is submitted by learned counsel for the petitionerAman Kumar that the petitioner has been falsely implicated in the case. From the contents of the FIR at Annexure-2 lodged by the father of this petitioner it would be evident that his brother had died in the occurrence as a result of firearm injury and the petitioner also sustained firearm injury. The petitioner is in custody since 3.11.2023.

5. Learned counsel for the petitioner- Sonu Kumar submits that the petitioner has been falsely implicated in the case for the reason that he was not ready to pay rangdary tax which was being regularly demanded. In any case the informant has not stated as to whose firing resulted in injury to his father leading to his death. The petitioner is in custody since 27.4.2024.

6. Heard learned A.P.P. for the State.

7. Having heard learned counsel for the parties and

Patna High Court CR. MISC. No.30536 of 2024(3) dt.26-07-2024 3/3 taking into consideration the allegations against the petitioners in the F.I.R., they being named accused in the occurrence, the occurrence having been substantiated from the FIR lodged by the father of the Aman Kumar which is Annexure-2 to the petition, the Court is not inclined to enlarge the petitioners on bail and their application is rejected.

8. Liberty is granted to the petitioners to renew their prayer after completing one year in custody.

(Partha Sarthy, J) Bibhash/- U