Sonalal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42382 of 2025 Arising Out of PS. Case No.-538 Year-2024 Thana- HARSIDHI District- East Champaran ====================================================== Sonalal Kumar S/O Suryalal Sahani R/O Vill.- Dhawhi, Ward No. 13, P.s.- Harsiddhi, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Harsidhi P.S. Case No. 538 of 2024 instituted for the offence under Sections 191(2), 126, 115(2), 118, 109, 76, 303(2), 351 & 352 of the Bharatiya Nyaya Sanhita, 2023.

3.

The prosecution alleges that on 10.02.2024 during a Maa Durga film screening, petitioner along with co-accused, armed with weapons, opposed the event. During the attack, coaccused Om Prakash assaulted the informant's father with a farsa, while others have brutally beaten the informant and his family. Specific allegation against the petitioner is that he was actively involved in the armed assault on the informant and his

Patna High Court CR. MISC. No.42382 of 2025(2) dt.15-07-2025 2/3 family members.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 22-03-2025. Petitioner bears no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Learned counsel for the petitioner submits that there is no specific allegation of assault against the petitioner, rather specific allegation is against co-accused Om Prakash Sahni. Petitioner was allegedly member of the mob. There is general and omnibus allegation attributed to the petitioner. During investigation, police has not found any material against the petitioner. Nothing incriminating has been recovered from the possession of the petitioner.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and there being no allegation of assault against the petitioner, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on

Patna High Court CR. MISC. No.42382 of 2025(2) dt.15-07-2025 3/3 furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Harsidhi P.S. Case No. 538 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T