Sonu Kumar @ Rajeeb Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48124 of 2018 Arising Out of PS.Case No. -28 Year- 2016 Thana -SAKRI District- MADHUBANI ======================================================

1. Sonu Kumar @ Rajeeb Kumar, Son of Late Kishore Prasad Gupta, Resident of Village- Mahabir Nagar, Bihta, P.S.- Bihta, Distt- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Chhote Lal Mishra For the Opposite Party/s : Mr. Sri Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-09-2018 The petitioner is apprehending his arrest in connection with Sakari P.S. Case No. 28/2016 (G.R. No.717/2016) for offences punishable under Sections 304/34 of the Indian Penal Code and later on Section 302/34 of I.P.C added. Allegation as per F.I.R. is that Durga Yadav was assaulted by one Munchun Yadav by stone and petitioner and others assaulted him by means of fists and slaps and the said Durga Yadav succumbed to his injuries during treatment. Submission of learned counsel for the petitioner is that the petitioner is not named in the F.I.R. and only general and omnibus allegation has been levelled against the petitioner and main allegation is against co-accused Munchun Yadav, who had assaulted the deceased by stone.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and

Patna High Court Cr.Misc. No.48124 of 2018 (3) dt.06-09-2018 2/2 circumstances of the case, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhubani, in connection with Sakari P.S. Case No. 28/2016 (G.R. No.717/2016), subject to the conditions as laid down under Section 438(2) of the Cr.P.C, it is further subject to the condition that:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner shall cooperate in the investigation and make himself available as and when required by the police and on the event of failure on his part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/Amjad/- U T