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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46722 of 2022 Arising Out of PS. Case No.-5 Year-2022 Thana- AGION (GARHANI) District- Bhojpur ====================================================== SONU KUMAR YADAV @ SONU KUMAR Son of Lal Bihari Singh Resident of Village - Semraon, P.S.- Charpokhari, Distt.- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr. Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 28-11-2022 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Agiaon (Garhani) P.S. Case No. 05 of 2022 instituted for the offences under Sections 302/34 of the Indian Penal Code.

The petitioner is not named in the F.I.R. which has been lodged by the brother of the deceased. The brother of the deceased has alleged in the F.I.R. that when he reached the place of occurrence, he saw the deceased lying injured in a pool of blood and also spotted three persons fleeing in different directions.

Patna High Court CR. MISC. No.46722 of 2022(2) dt.28-11-2022 2/3 However, shortly thereafter he has named the afore-noted three persons in his further statement, which includes the name of the petitioner as well.

The learned counsel for the petitioner has submitted that if the informant had seen the petitioner as one of the miscreants running away from the place of the occurrence, he should have named him in the first instance. Naming the petitioner in his further statement, makes the veracity of the statement of the informant highly suspect. It has further been submitted that because of some dispute which had occurred during the staging of an orchestra show, there was some altercation between two groups and the informant has chosen to implicate the petitioner and others from the opposite camp.

Considering the afore-noted arguments and taking into account the period of custody of the petitioner, which is from 02.03.2022 and that in other cases in which the petitioner was earlier made accused and which have been listed in paragraph -3 of the bail petition, he has

Patna High Court CR. MISC. No.46722 of 2022(2) dt.28-11-2022 3/3 been granted bail, this Court directs for release of the petitioner on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara, in connection with Agiaon (Garhani) P.S. Case No. 05 of 2022.

(Ashutosh Kumar, J) sunilkumar/- U T