Atul Soni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46021 of 2024 Arising Out of PS. Case No.-402 Year-2023 Thana- MIRGANJ District- Gopalganj ====================================================== Atul Soni S/O Late Nebulal Sonar @ Nabulal Sah R/O Village- Savreji,P.S.- Mirganj, Distt-Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vikash Kumar Shukla, Adv.
For the Opposite Party/s :
Mr.Prem Kumar Jha APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 24-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Mirganj P. S. Case No. 402 of 2023 dated 26-10-2023, instituted for the offence punishable under Section 341,323,324,307,504, 506 and 34 of the Indian Penal Code.
3. The prosecution story, in brief, is that on 25.10.2023, the co-villager, namely Abhimanyu Bhagat of the informant took him for immersion of the idol of goddess Durga, and when they reached near Sabreji Mosque, then accused persons, including the petitioners, who were ambushed from before, suddenly, Abhimanyu Bhagat co-accused caught hold both hands of the informant and all the other accused persons assaulting him on his head by knife with intention to kill him,
Patna High Court CR. MISC. No.46021 of 2024(2) dt.24-07-2024 2/3 due to which the informant sustained injuries. When the informant's cousin, namely, Raju Kumar Yadav came to save him, then all the accused persons also stabbed him on his stomach. It is further alleged that the informant got seven stitches on his head and his cousin has got five stitches on his abdomen by knife.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is submitted that there is no specific allegation of assault against the petitioner, rather there is general and omnibus allegation against all the accused persons of assaulting the informant and his cousin. Further submission is that from the injury reports of the informant and his cousin, which are annexed as Annexure-2 to the bail petition, it is clear that both have sustained simple injury caused by hard blunt object. The injury report does not corroborate the prosecution case. Lastly, it has been submitted that petitioner has no criminal antecedents.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender before the learned Court below
Patna High Court CR. MISC. No.46021 of 2024(2) dt.24-07-2024 3/3 within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Gopalganj, in connection with Mirganj P.S. Case No. 402 of 2023, subject to condition as laid down under Section 438(2) of the Cr.P.C.
(Khatim Reza, J) shyambihari/- U T