Sunil Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53176 of 2021 Arising Out of PS. Case No.-235 Year-2021 Thana- SONEPUR District- Saran ====================================================== SUNIL KUMAR S/o Bachchu Rai @ Bachchu Lal Yadav R/o villageParmanandpur, P.S.- Sonepur, Distt.- Saran (Bihar) ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
M/s Ajay Kumar Thakjur, Ajay Kr Singh No.1, Advocates For the Opposite Party/s :
Mr. Satyadeo Singh Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-04-2022 Heard learned counsel for the parties through video conferencing.
The petitioner has preferred this application for grant of regular bail in a case registered under sections 302, 147, 148, 149 and 120B of the Indian Penal Code and section 27 of the Arms Act.
As per the prosecution case, while the informant had gone out with his father it is stated that 12-14 persons on 4 - 5 motorcycles reached there variously armed and as a result of indiscriminate firing by Jamwant Rai, Vijay Rai, Abhimanyu Rai and others including the petitioner, his father died. It is submitted by learned counsel for the petitioner that from perusal of the FIR itself it would transpire that the
Patna High Court CR. MISC. No.53176 of 2021(3) dt.08-04-2022 2/2 specific allegation of firing is on Jamwant Rai, Vijay Rai, Abhimanyu Rai etc. and not the petitioner herein. The allegations are general and omnibus in nature. The petitioner is in custody since 26.7.2021 and has no criminal antecedent. Heard learned APP for the State.
Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner, the material that has transpired in course of investigation, the petitioner being in custody for more than 8 months and chargesheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Sonepur P.S. Case no. 235 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra.
(Partha Sarthy, J) Spd/- U T