Sunny Kumar @ Sunny Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32442 of 2024 Arising Out of PS. Case No.-132 Year-2023 Thana- MUNGER MUFFASIL District- Munger ====================================================== Sunny Kumar @ Sunny Yadav son of Parmod Yadav Resident of VillageShankarpur Milki, P.S.- Muffasil, Dist.- Munger ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jyoti Ranjan Jha, Advocate For the Opposite Party/s :
Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 26-04-2024
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has renewed his prayer for grant of regular bail in connection with S.Tr. no. 102 of 2024 arising out of Munger Muffasil P.S. Case no. 132 of 2023 registered under sections 302, 307, 147, 148, 149, 385, 324, 326, 504 and 34 of the Indian Penal Code and section 27 of the Arms Act.
3. As per the prosecution case, the accused persons including the petitioner herein are said to have come variously armed. It is stated that on the informant resisting their illegal demand to provide grains, on the orders of Nakul Yadav, Bhisma Kumar resorted to firing as a result of which one Anubhav
Patna High Court CR. MISC. No.32442 of 2024(2) dt.26-04-2024 2/3 Kumar sustained gunshot injury in his chest and died. It is further stated that the petitioner resorted to firing resulting in gunshot injury to one Chandan who is being treated in the hospital.
4. Learned counsel for the petitioner submits that the earlier prayer for bail of the petitioner was rejected vide order dated 13.12.2023 (Annexure-1) passed in Cr. Misc. no. 65712 of 2023. The petitioner is in custody since 24.5.2023 and charge has been framed in the learned trial Court on 22.3.2024. A copy of the order framing charge has been brought on record as Annexure- P/3 to this petition. The petitioner undertakes to cooperate in the trial.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R, the petitioner being in custody since 24.5.2023, the liberty granted in the earlier order rejection dated 13.12.2023 and charge having been framed in the learned trial Court, the petitioner is directed to be enlarged on bail in connection with S.Tr. no. 102 of 2024 arising out of Munger Muffasil P.S. Case no. 132 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
Patna High Court CR. MISC. No.32442 of 2024(2) dt.26-04-2024 3/3 with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-II, Munger. (Partha Sarthy, J) Harsh/- U T