Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49020 of 2024 Arising Out of PS. Case No.-255 Year-2024 Thana- HARSIDHI District- East Champaran ====================================================== SONU KUMAR S/O MAINEJAR YADAW R/O VILLAGE- MATH LOHIYAR, P.S- HARSIDHI, DISTT.- EAST CHMAPARAN. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Advocate For the Opposite Party/s :

Mr.Satyendra Narayan Singh, APP For the Informant :

Mr.Shahbaj Alam, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-07-2024 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. The petitioner seeks bail in connection with Harsidhi P.S. Case No. 255 of 2024 instituted for the offences under Sections 147, 149, 323, 307, 354B, 379, 504, 506 of the Indian Penal Code.

3. Allegation against the petitioner is that he by means of Kulhari and co-accused Sandip Kumar using farsa, assaulted the informant due to which she sustained injuries on her head.

Patna High Court CR. MISC. No.49020 of 2024(2) dt.24-07-2024 2/3

4. Learned counsel for the petitioner submitted that the petitioner is innocent and has falsely been implicated in the present case. Learned counsel further submitted that both parties are neighbour and there is land dispute between them and due the said reason, the petitioner has been falsely implicated in this case. Learned counsel further submitted that as per injury report, the injuries sustained by the informant are found to be simple in nature. It has been submitted on behalf of the petitioner that the petitioner is in custody since 06.05.2024 and has one criminal antecedent.

5. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner. Learned counsel for the informant submitted that there is specific allegation against the petitioner that he assaulted the informant on her head by means of axe.

6. Considering the aforesaid facts and circumstances of the case, nature of injury as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.49020 of 2024(2) dt.24-07-2024 3/3 below/concerned Court in connection with Harsidhi P.S. Case No. 255 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Alok Verma/- U T