Sonu Kumar @ Shailendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43362 of 2023 Arising Out of PS. Case No.-50 Year-2023 Thana- BARHAT District- Jamui ====================================================== SONU KUMAR @ SHAILENDRA KUMAR SON OF BISHUNDEO YADAV RESIDENT OF VILLAGE KATOUNA PS MALAYPUR DISTRICT JAMUI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Y . C . Verma, Advocate Mrs. Priyanka Singh, Advocate For the Opposite Party/s :
Mrs. Dr. Indiwar Kumari , Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-08-2023 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 302, 147, 148, 149 of the Indian Penal Code.
3. As per the prosecution case, this petitioner is alleged to have objected against the conduct of Vikash Kumar Yadav and assaulted him with fists and slaps.
4. It is submitted that petitioner is not the assailant of deceased. There is general and omnibus allegation of assault against this petitioner. No overt act has been alleged against this petitioner. Specific allegation of causing death of the deceased is against other co-accused persons. Petitioner claims clean
Patna High Court CR. MISC. No.43362 of 2023(3) dt.08-08-2023 2/2 antecedent.
5. Learned counsel for the State opposes the bail petition of the petitioner.
6. Considering the aforesaid fact that petitioner is not the assailant of the deceased and no specific overt act alleged against him and also the circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Learned Chief Judicial Magistrate , Jamui in connection with Barhat P.S. case no 50 of 2023 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Kaushik/- U T