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Patna High CourtCR. MISC./38735/2024allowed

Sonu Kumar @ Saimand v. The State Of Bihar

2024-07-26Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38735 of 2024 Arising Out of PS. Case No.-980 Year-2023 Thana- AGAMKUAN District- Patna ====================================================== Sonu Kumar @ Saimand, Son Of Uttim Mahto @ Uttam Mahto Resident Of Choti Pahari, Rashida Chak, Police Station - Agamkuan, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar, Advocate For the Opposite Party/s :

Ms. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 26-07-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner seeks regular bail in connection with S.Tr. No. 228 of 2024, arising out of Agamkuan P.S. Case No. 980 of 2023 for the offence registered under Sections 302, 120 (B) of the I.P.C.

3. As per the prosecution case, due to an altercation took place between Ajit Kumar @ Bholi and the son of the informant, Ajit Kumar @ Bholi assaulted the deceased son of the informant with knife and all the other co-accused persons including the petitioner smashed the head of the informant by means of brick and stone and fled away upon raising alarm by the people.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.38735 of 2024(3) dt.26-07-2024 2/2 petitioner is innocent and has been falsely implicated in the present case. There is no direction allegation against the petitioner. The specific allegation is against co-accused Ajit Kumar @ Bholi of stabbing the deceased with knife and against co-accused Gaurav Kumar and Deep Raj Kumar of assaulting with the bricks and stones. He further submits that petitioner is in custody since 08.10.2023 having no criminal antecedent. Charge-sheet has already been submitted by the police and there is no chance of tampering with the evidence. Petitioner under takes to cooperate in the trial.

5. Learned counsel appearing on behalf of the State oppose the prayer for grant of regular bail to the petitioner.

6. Considering the submissions on behalf of the parties and the facts and circumstances of the case, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned court below in Agamkuan P.S. Case No. 980 of 2023. (Sunil Dutta Mishra, J) khushbu/- U T