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Patna High CourtCR. MISC./53854/2021allowed

Sonu Kumar Singh @ Sonu Kumar v. The State Of Bihar

2022-05-17Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53854 of 2021 Arising Out of PS. Case No.-157 Year-2021 Thana- TAJPUR District- Samastipur ====================================================== SONU KUMAR SINGH @ SONU KUMAR SON OF BIHARI SINGH R/O VILLAGE- BISHUNPUR, P.S.- TAJPUR (O.P. WINI), DISTT.- SAMASTIPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar No.1, Advocate For the Opposite Party/s :

Mr.Dilip Kumar No.1, A.P.P.

Mr.Piyush Anand, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-05-2022 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, the office will place the matter before the Bench.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 307, 302, 504 of the Indian Penal Code.

The allegation against the petitioner is that he along with

Patna High Court CR. MISC. No.53854 of 2021(2) dt.17-05-2022 2/3 other accused persons have indiscriminately assaulted the informant's side by means of deadly weapons.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. The specific allegation is against the coaccused Pramod Kumar Singh and Umesh Singh to have assaulted on the head of the informant's father by means of kudal and iron rod, due to which injury, the father of the informant died on the spot. It is submitted that the injuries sustained by others are simple in nature. Petitioner has no criminal antecedent.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail but has not disputed the fact that there is no specific allegation against the petitioner to have assaulted the father of the informant. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of

Patna High Court CR. MISC. No.53854 of 2021(2) dt.17-05-2022 3/3 Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Tajpur (Waini) P.S. Case No.157/2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T