Patna High CourtCR. MISC./30292/2024bail granted

Sonu Kumar v. The State Of Bihar

2024-04-19Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30292 of 2024 Arising Out of PS. Case No.-27 Year-2024 Thana- WARISLIGANJ District- Nawada ====================================================== Sonu Kumar S/o Upendra Ram R/o vill - Balwapar, P.s. - Warisaliganj, Distt. - Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deepak Kumar, Adv.

For the Opposite Party/s :

Mr.Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Warisaliganj P.S. Case No. 27 of 2024 instituted for the offences under Sections 147, 148, 149, 323, 324, 332, 333, 337, 338, 307, 353 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per prosecution case, on receipt of information that two groups of criminals are fighting and indiscriminately firing on each other for illegally occupying business at railway rack point, Warsaliganj in which accused persons were from two castes i.e. Dhanuk and Yadav, the police reached at the place of occurrence and saw three persons were lying in injured

Patna High Court CR. MISC. No.30292 of 2024(2) dt.19-04-2024 2/3 condition on the road who were sent to PHC, Warsaliganj for treatment by police vehicle. It is alleged that when the police party tried to pacify the violent crowed including one village head namely Dilip Raut of village Rajpur Saur Panchayat, they started pelting stones indiscriminately on the police party as well. The police also recovered 13 empty cartridges of different category from the place of occurrence.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case only because he happens to be a resident of village Balwapar. The petitioner is not named in the F.I.R. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged occurrence and, only on suspicion, he has been apprehended in the present case. The petitioner has no criminal antecedent as has been stated in paragraph no.3 of the present bail application. The petitioner is languishing in judicial custody since 26.02.2024.

5. Learned counsel for the petitioner again submits that the co-accused Rajesh Yadav has been granted bail by this Court vide order dated 20.03.2024 passed in Cr. Misc. No.

Patna High Court CR. MISC. No.30292 of 2024(2) dt.19-04-2024 3/3 23492 of 2024.

6. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Warisaliganj P.S. Case No. 27 of 2024.

(Rudra Prakash Mishra, J) rishi/- U T