Sanjeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38667 of 2019 Arising Out of PS. Case No.-81 Year-2019 Thana- KISHANGANJ District- Kishanganj ====================================================== 1.

SANJEEV KUMAR, aged about 20 years, Male, Son of Arun Sonar, Resident of Tegharia, P.S.- Kishanganj, District- Kishanganj. 2.

Amit Soni, aged about 22 years, Male, Son of Rajesh Sonar, Resident of Village- Birpur, P.S.- Bahadurganj, District- Kishanganj. ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Ram Prawesh Kumar, Advocate.

For the Opposite Party :

Mr.Arun Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-06-2019 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners are languishing in custody since 13.02.2019 in a case for the offence registered under Sections 341, 323, 324,354, 307, 504, 506/34 of the IPC, 25(1-b)a, 26, 27 and 35 of the Arms Act.

The prosecution story, in brief, is that on 11.02.2019 at about 21.20 hours, when the informant was feeding milk through Bottle to his son, in the meantime, all the F.I.R. named accused persons including one unknown person came and assaulted him, his wife, Dinesh Kumar Ram and Baby Devi by using firearms and caused injuries to them. They also disrobed

Patna High Court CR. MISC. No.38667 of 2019(2) dt.25-06-2019 2/3 the informant's wife. It is further alleged that they caused fire arm injury which hit in the stomach of the informant. The accused persons have damaged the house hold articles. Thereafter police came and recovered one pistol, 22 round cartridges, cutting tools and one Motorcycle from the room of the accused persons.

It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. General and omnibus allegation has been alleged against the petitioners. No specific injury is attributed against the petitioners. There is no recovery of arms from possession of the petitioners.

On behalf of the learned counsel for the State, it has been submitted that the petitioners are named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Kishanganj in connection with Kishanganj

Patna High Court CR. MISC. No.38667 of 2019(2) dt.25-06-2019 3/3 P.S. Case No. 81/19.

U.K./- (Sudhir Singh, J) U T