Sanam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50180 of 2024 Arising Out of PS. Case No.-35 Year-2024 Thana- PURNAHYA District- Sheohar ====================================================== 1.

Sanam Kumar S/o- Krishnandan Ram Village- Parsauni Gop Ps- Purnahiya Dist- Sheohar 2.

Sajan Kumar son of Binod Ram Village- Parsauni Gop Ps- Purnahiya DistSheohar ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-07-2024 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Purnahiya P.S. case No. 35 of 2024 instituted for the offences under Sections 147, 148, 149, 323, 324, 307, 504, 506, 447 of the Indian Penal Code and later on, Section 302 was added. 3.

Prosecution story, in short, is that total seventeen accused persons including these petitioners, formed unlawful assembly and assaulted the informant and other family members. It is further alleged that co-accused Baban Ram assaulted on the head of the brother of the informant due to which he sustained injuries and, later on, died during the course

Patna High Court CR. MISC. No.50180 of 2024(2) dt.19-07-2024 2/3 of treatment.

4.

Learned counsel for the petitioners submitted that petitioners have falsely been implicated in the present case. Learned counsel for the petitioners submitted that general and omnibus allegation has been made against these petitioners. No specific overt act is alleged against these petitioners. The specific accusation of assaulting the deceased is against Baban Ram. It has been submitted on behalf of the petitioners that the petitioners are in custody since 08.04.2024 and no criminal antecedent. Other co-accused has been granted bail by this Court vide order dated 20-06-2024, passed in Cr. Misc. No. 42155 of 2024.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners. 6.

Considering the aforesaid facts and circumstances of the case, no specific allegation of assaulting the deceased, claim based on parity, petitioners having clean antecedent as well as the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners. 7.

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

Patna High Court CR. MISC. No.50180 of 2024(2) dt.19-07-2024 3/3 below/concerned Court in connection with Purnahiya P.S. case No. 35 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T