Sonu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31316 of 2025 Arising Out of PS. Case No.-5 Year-2025 Thana- BARH RAIL P.S. District- Patna ====================================================== 1.
Sonu Kumar S/O Late Ashok Rai Resident of Dakshnichak, Athmalgola, P.S- Athmalogola, Distt.- Patna.
2.
Raju Kumar S/O Late Ashok Rai Resident of Dakshnichak, Athmalgola, P.SAthmalogola, Distt.- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kumar Manglam, Advocate For the Opposite Party/s :
Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 21-05-2025 Heard Mr. Kumar Manglam, learned counsel for the petitioners and Mr. Ramchandra Sahni, learned APP for the State.
2. The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 191(1), 191(2), 126(2), 115(2), 125, 352 and 3(5) of the Bhartiya Nyaya Sanhita, Section 27 of the Arms Act and Sections 145 and 147 of the Railway Protection Act, 1989.
3. The case of the prosecution is that a violence clash involving stone pelting, physical assault and gun fire broke out between two groups at Athmalgola Railway Station over a trivial issue in which 15-20 individuals were involved. It is
Patna High Court CR. MISC. No.31316 of 2025(2) dt.21-05-2025 2/3 further alleged that four accused persons including the petitioners have been arrested by the police. It is also alleged that co-accused Veeru Kumar and his brother Chhotu Kumar have fired the bullets during the altercation.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case. Learned counsel for the petitioners has submitted that from perusal of the FIR, it is clear that the nature of allegation against the petitioners is general and omnibus and arrested persons have specifically stated that Veeru Kumar and Chhotu Kumar have fired. Learned counsel has further submitted that similarly situated other coaccused persons have already been granted bail by a co-ordinate Bench of this Court vide order dated 06.05.2025 in Cr. Misc. No. 26412 of 2025. The case of the petitioners stands on similar footing. Moreover, they are languishing in judicial custody since 03.02.2025.
5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named
Patna High Court CR. MISC. No.31316 of 2025(2) dt.21-05-2025 3/3 petitioners are directed to be released on bail in connection with GRP Barh P.S. Case No. 05 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Railway, Patna Junction. (Ashok Kumar Pandey, J) Shubham/- U T