Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50173 of 2021 Arising Out of PS. Case No.-201 Year-2021 Thana- SHEOHAR District- Sheohar ====================================================== 1.

SONU KUMAR Son of Nand Kishore Prasad Yadav Resident of VillageTajpur Tole, Bankul, P.S.- and District- Sheohar. 2.

Brij Nandan Kumar Son of Shivjee Rai Resident of Village- Tajpur, Tole, Bankul, P.S and District- Sheohar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Anisur Rahman, Adv.

For the Opposite Party/s :

Mr.Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-05-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period,the office will place the matter before the Bench.

The petitioners apprehend their arrest in connection with Sheohar P.S. Case No.201 of 2021, registered for the offence punishable under Sections 341, 342, 323, 307, 379, 504, 506/34 of the Indian Penal Code.

The allegation against the petitioners is that they have

Patna High Court CR. MISC. No.50173 of 2021(2) dt.05-05-2022 2/3 assaulted the informant with Nalkatua after tying a rope around his neck.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to dirty village politics and enmity. No such occurrence, in the manner as alleged, has ever taken place. There is no eye-witness to the alleged occurrence. The injury report does not corroborate the allegation made in the F.I.R. The informant has sustained the injury by accidental fall in course of a scuffle. Petitioners have no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail and submits that the injuries sustained by the informant are grievous in nature, which is clear from Annexure-2 of this application.

Having regard to the facts and circumstances of the case, since the injuries are grievous in nature, I am not inclined to enlarge the petitioners named above on anticipatory bail. The prayer for bail is rejected. The bail application is accordingly dismissed. However, petitioners are directed to surrender before the learned Court below within four weeks from today and

Patna High Court CR. MISC. No.50173 of 2021(2) dt.05-05-2022 3/3 seek regular bail and the learned Court below would pass the order, preferably, on the same day, in accordance with law. (Anjani Kumar Sharan, J) pallavi/- U T