Sunny Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57699 of 2021 Arising Out of PS. Case No.-52 Year-2020 Thana- LAKHISARAI District- Lakhisarai ====================================================== SUNNY KUMAR, Son of Sri Prakash Saw, Resident of Village - Naya Tola, ward no.10, Lakhisarai, P.S. and Distt.- Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-03-2022 Heard Mr. Rajesh Kumar, learned counsel for the petitioner and Mrs. Anita Kumari Singh, learned APP for the State.

Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks bail in connection with Lakhisarai P.S. Case No. 52 of 2020 registered under Sections 147, 149, 341, 323, 337, 307 and 302 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is in custody since 31.01.2020, charge-sheet has been submitted and has antecedent of one case.

Learned counsel submits that as per allegation in the F.I.R., the informant alleges that over a dispute of sale and purchase of eggs, three accused persons including the petitioner assaulted the brother of the informant with cycle chain etch, as a

Patna High Court CR. MISC. No.57699 of 2021(2) dt.03-03-2022 2/2 result which he died on the way to P.M.C.H., Patna. Learned counsel submits that the allegations as levelled in the F.I.R. is false and fabricated. The eptitioner has been falsely implicated. There is a case and counter case between the parties. The contents of the post-mortem report which has been brought on record as Annexure-3 in the petition do not conform the allegations levelled in the F.I.R., as only one bruise injury over the left eye has been found on the body of the deceased. It is further submitted that similarly situated co-accused Bajrangi Saw has been granted bail by order dated 26.08.2021 passed in Cr. Misc. No. 16957 of 2021 Learned APP opposes the bail application.

Considering the fact that the petitioner is in custody, charge-sheet has been submitted and co-accused has been granted bail, the petitioner, named above, is directed to be released 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 Chief Judicial Magistrate, Lakhisarai in connection with Lakhisarai P.S. Case No. 52 of 2020. (Satyavrat Verma, J) uday/- U T