Vinod Kumar Soni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31808 of 2023 Arising Out of PS. Case No.-55 Year-2022 Thana- BAIRIYA District- West Champaran ====================================================== Surendra Kumar Soni, Son Of Mathura Sah Resident Of Village- Bairiya Tand Naya Tola Ward No.10, Police Station-Bairiya,District-West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== WITH CRIMINAL MISCELLANEOUS No. 35496 of 2023 Arising Out of PS. Case No.-55 Year-2022 Thana- BAIRIYA District- West Champaran ====================================================== Vinod Kumar Soni Son of Sri Mathura Sah Resident Of Village- Bairiya Tand, Naya Tola, Ward No. 10, Ps- Bairiya, Distt- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 31808 of 2023) For the Petitioner/s :
Mr. Brij Kishor Mishra For the Opposite Party/s :
Mr. Ram Anurag Singh (In CRIMINAL MISCELLANEOUS No. 35496 of 2023) For the Petitioner/s :
Mr. Abhishek Kumar For the Opposite Party/s :
Mr. Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-07-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. As both these bail applications have cropped up from the same police station case number, hence, with consent of parties, they are being heard together and disposed of by this common order.
Patna High Court CR. MISC. No.31808 of 2023(2) dt.20-07-2023 2/3
3. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 504 & 506/34 of the Indian Penal Code but later on Section 302 IPC was added.
4. The petitioners along with other co-accused is said to have assaulted the nephew of the informant by means of lathi and rod and later on during course of treatment the nephew of the informant succumbed to his injury.
5. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. One similarly situated coaccused, namely, Harun Miyan has been enlarged on bail by this Court vide order dated 04.05.2023 passed in Cr. Misc. No.4465 of 2023. Petitioner, Surendra Kumar Soni of Cr. Misc. No.31808 of 2023 has no criminal antecedent, whereas Petitioner, Vinod Kumar Soni of Cr. Misc. No.35496 of 2023 has one criminal antecedent as mentioned in para-3 of their respective application.
6. Having regard to the facts and circumstances of the case as well as the fact that the allegations against the
Patna High Court CR. MISC. No.31808 of 2023(2) dt.20-07-2023 3/3 petitioners are general and omnibus in nature, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Bairiya P.S. Case No.55 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T