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Patna High CourtCR. MISC./49055/2024allowed

Ram Chandra Soni @ Ram Chandr Sah v. The State Of Bihar

2024-08-30Mr. Justice Sunil Dutta Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49055 of 2024 Arising Out of PS. Case No.-75 Year-2024 Thana- SIDHWALIYA District- Gopalganj ====================================================== 1.

Ram Chandra Soni @ Ram Chandr Sah, Son of Late Moti Lal Soni, Resident of Village - Bucheya, Kavi Tola, P.S.- Sidhwalia, District - Gopalganj.

2.

Ratna Soni, Son of Late Moti Lal Soni, Resident of Village - Bucheya, Kavi Tola, P.S.- Sidhwalia, District - Gopalganj.

3.

Nirgun Soni, Son of Late Moti Lal Soni, Resident of Village - Bucheya, Kavi Tola, P.S.- Sidhwalia, District - Gopalganj. 4.

Putul Devi, Wife of Shailesh Soni, Resident of Village - Bucheya, Kavi Tola, P.S.- Sidhwalia, District - Gopalganj.

... ... 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. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 30-08-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in connection with Sidhwaliya P.S. Case No. 75 of 2024, registered for the offences punishable under Sections 448, 341, 323, 324, 307 and 34 of the Indian Penal Code.

3. As per the prosecution case, 7 accused persons including the petitioners assaulted the informant. It is further alleged that co-accused Shailesh Sony@ Shailesh Soni, had assaulted the informant by means of Kudal, causing head injury.

Patna High Court CR. MISC. No.49055 of 2024(3) dt.30-08-2024 2/3

4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case. There is general and omnibus allegation against the petitioners and specific allegation levelled against the coaccused Shailesh Sony@ Shailesh Soni. Learned counsel further submits that there is land dispute between the parties and the injury sustained by the informant, is simple in nature due to fallen down on the ground, however, with ulterior motive, she filed the present case implicating the petitioners also. Petitioners have no criminal antecedent and they undertake to cooperate in the trial of this case.

5. Learned APP opposes the prayer for anticipatory bail of the petitioners.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection with Sidhwaliya P.S. Case No. 75 of 2024, subject to the

Patna High Court CR. MISC. No.49055 of 2024(3) dt.30-08-2024 3/3 conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Sunil Dutta Mishra, J) khushbu/- U T