Sunil Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42526 of 2024 Arising Out of PS. Case No.-246 Year-2020 Thana- SALIMPUR District- Patna ====================================================== Sunil Kumar son of Sanjay Singh Village- Kaswa Ps- Salimpur Dist- Patna ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Kashyap, Adv.
For the Opposite Party/s :
Mr.Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-06-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Salimpur P.S. Case No. 246 of 2020 dated 04.09.2020 registered for the offences punishable u/ss 341, 323, 324, 506, 504, 325, 307, 379 read with Section 34 of the Indian Penal Code.
3. As per the prosecution case, the petitioner and the co-accused persons in connivance with one another are alleged to have inflicted blow of gadasa on the head of the informant's brother, Sone Lal Kumar due to which he sustained injury. When the informant's uncles, Devendra Singh and Umesh Singh came to rescue, they were also assaulted with lathi and hasli. The co-accused, Vinay Kumar assaulted the informant's father
Patna High Court CR. MISC. No.42526 of 2024(2) dt.25-06-2024 2/3 and brother causing severe injuries and also took Rs. 2000/- from the informant's pocket.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is no specific allegation against the petitioner rather the allegation is general and omnibus. Nothing has been recovered from the conscious possession of the petitioner. Learned counsel has further submitted that the injuries which has been sustained by the prosecution parties are simple in nature. The co-accused persons have already been granted regular bail by the Coordinate Bench of this court vide order dated 26.10.2021 passed in Cr. Misc. No. 18261 of 2021. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 27.03.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Barh, Patna in connection with Salimpur P.S. Case
Patna High Court CR. MISC. No.42526 of 2024(2) dt.25-06-2024 3/3 No. 246 of 2020.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T