Sonu Sah @ Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42319 of 2022 Arising Out of PS. Case No.-307 Year-2021 Thana- MOUZAHIDPUR District- Bhagalpur ====================================================== SONU SAH @ MANISH KUMAR Sonof Arun Kumar Sah, Resident of Dhobiya Toli, Kajichak, P.S. - Mojahidpur, Distt.- Bhagalpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Swapnil Kumar Singh For the Opposite Party/s :

Mr. Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 09-11-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner is seeking regular bail in connection with Mojahidpur P.S. Case No. 307 of 2021 registered for the offences punishable under Sections 341, 323, 307, 504, 506/34 of the Indian Penal Code.

The learned counsel for the petitioner has submitted that only allegation against the petitioner is that he came on the call of co-accused Rohit Sah. The allegation to assault the informant is on Saurav Sah and there is no allegation of

Patna High Court CR. MISC. No.42319 of 2022(2) dt.09-11-2022 2/3 inflicting assault against this petitioner. He has submitted further that Rohit Sah and Saurav Sah, both, have been granted bail by the co-ordinate Bench of this Court in Criminal Miscellaneous No. 22338 of 2022, vide order dated 26.07.2022 and the case of the petitioner is on better footing than Rohit Sah and Saurav Sah.

Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Mojahidpur P.S. Case No. 307 of 2021, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

Office shall ensure that all defects are removed by the

Patna High Court CR. MISC. No.42319 of 2022(2) dt.09-11-2022 3/3 petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Mahesh/Nirmal U T