Md. Sonu @ Md. Shakil v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33676 of 2025 Arising Out of PS. Case No.-265 Year-2024 Thana- TAJPUR District- Samastipur ====================================================== Md. Sonu @ Md. Shakil Son of Md. Rashid Khan Resident of VillageGangapur, Police Station- Musrigharari and District- Samastipur ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nilendu Kumar Choudhary, Adv.
For the Opposite Party/s :
Ms.Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 11-07-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Tajpur P.S. Case No. 265/2024 dated 21.12.2024 registered for the offence punishable u/s 126(2), 115(2), 118(2), 117(2), 109, 352, 351(2), 191(2), 191(3) and 190 of the B.N.S. and Section 27 of the Arms Act.
3. As per the prosecution case, on 21.12.2024, at about 1.45 P.M., the informant came to home after sowing wheat seeds in land situated in Sultanpur Morwa and started preparing for the sharadh karma of his late grandfather. Meanwhile, his uncle Uday Shankar Jha came and told that some unknown person was making a bed and digging a pit in
2/4 their land. In the meantime, three masked boys riding a motorcycle came to the house, abused and ran away. Then the informant went to the farm again with his brothers Aman Kumar and Gaurav Kumar and saw that 25-30 persons, after being drunk, were firing in the air and digging pits. When the informant protested, the petitioner, Md. Sonu and the coaccused, Md. Aslam, Rahul Kumar Jha, Roshan Kumar Jha and 20-25 unknown persons shot at the informant with the intention to kill him. The bullet hit his left leg above the knee and the informant fell down on the ground and became injured. All the persons who fired the bullets were the men of Rahul Jha, on whose order all the people had gathered there and were occupying his land, and when he protested, he was shot and injured. It is further alleged that the co-accused, Md. Aslam's brother Mohd. Farooq is also involved in this incident.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is a land dispute between the parties. It is further submitted that there is a case and counter case between the parties. It is further submitted that there is general and omnibus allegation against the petitioner. Nothing has been recovered from the conscious possession of the petitioner. The
3/4 co-accused person has already been granted regular bail by this court vide order dated 05.05.2025 passed in Cr. Misc. No. 22305/2025. The petitioner has two criminal antecedents in which he is on bail as stated in para 3 of the bail petition.
5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Samastipur in connection with Tajpur P.S. Case No. 265/2024, subject to conditions as laid down under section 482(2) of the B.N.S.S. with further condition :- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be
4/4 cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U