Sanny Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34966 of 2023 Arising Out of PS. Case No.-348 Year-2022 Thana- KHAGARIA District- Khagaria ====================================================== Sanny Kumar s/o of Bharat Yadav Resident of Village- Mathar South Ward No. 9, P.S.- Muffasil, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Priyanka Singh For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-08-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 307, 379, 504, 506 of the Indian Penal Code and added Section 302 of the I.P.C..

It is a case of assaulting by the petitioner and other accused persons to the informant's father due to which he sustained injury and he succumbed to injuries. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. There is general and omnibus allegation levelled against the petitioner and other accused persons and no specific overt act of assaulting has been made against the petitioner. The postmortem report is

Patna High Court CR. MISC. No.34966 of 2023(4) dt.24-08-2023 2/2 not in consonance with the prosecution case. It is further submitted that the petitioner is languishing in judicial custody since 07.07.2022.

Learned APP appearing for the state and learned counsel for the informant have opposed the prayer of regular bail and submitted that the petitioner also assaulted to the informant's father by means of iron rod along with others. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Khagaria Muffasil P.S. Case No.348 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Khagaria. (Sunil Kumar Panwar, J) lata/- U T