Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29539 of 2020 Arising Out of PS. Case No.-275 Year-2020 Thana- BIHTA District- Patna ====================================================== SONU KUMAR S/o Anil Paswan R/o Vill.-Dilawarpur, P.S.-Bihta, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Kumar, Adv.

For the Opposite Party/s :

Mr. Vinod Shankar Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-01-2021 Heard Mr. Vinod Kumar, learned counsel for the petitioner and Mr. Vinod Shankar Modi, Additional Public Prosecutor for the State.

2. Petitioner apprehends his arrest in connection with Bihta PS Case No. 275/2020 registered for the offence punishable under Sections 341, 323, 324, 504, 354, 506/34 of the IPC.

3. The allegation, as per First Information Report, is that when mother of informant had gone to ease herself in an orchard, she was caught hold of with bad intention by the petitioner and other co-accused persons who were sitting in the said orchard from before. It has further been alleged that when informant reached there to rescue his mother, he was assaulted by the accused persons.

Patna High Court CR. MISC. No.29539 of 2020(2) dt.04-01-2021 2/3

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to previous dispute between the parties and from perusal of the FIR, it would be evident that no overt-act has been alleged against the petitioner. Learned counsel further submits that a counter case was also lodged by the side of the petitioner against the father of the informant and others. Learned counsel next submits that no specific allegation of assault is there against the petitioner and learned counsel, referring to injury report, submits that the injury caused to the informant is simple in nature. It is next submitted that petitioner has got no criminal antecedent.

5. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that no specific allegation of assault is there against the petitioner and the injury caused to the informant is simple in nature, and the petitioner has got no criminal antecedents, I am inclined to grant anticipatory bail to the petitioner.

6. Accordingly, petitioner, SONU KUMAR shall be released on anticipatory bail, in the event of arrest or surrender within six weeks, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.29539 of 2020(2) dt.04-01-2021 3/3 satisfaction of learned Additional Sessions Judge-II, Danapur in connection with Bihta PS Case No. 275/2020, subject to the conditions as laid down under Section 438(2) CrPC.

7. It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines of social distancing.

(Anil Kumar Sinha, J) perwez U T