Shani Kumar Das @ Sanny Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51164 of 2024 Arising Out of PS. Case No.-81 Year-2024 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== SHANI KUMAR DAS @ SANNY KUMAR S/O RAMSHARAN DAS @ SARAN DAS R/O VILLAGE- CHAKDAH, P.S- RAJNAGAR, DISTT.- MADHUBANI.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhavesh Sah For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 18-01-2025 Heard learned counsel for the petitioner as well as the learned APP for the State.

2. The petitioner apprehends his arrest in connection with Town P.S. Case No. 81 of 2024, registered for the offences punishable under Sections 341, 323, 307, 504, 34 of the Indian Penal Code.

3. As per allegation, on 03.03.2024, at around 3:15 AM, Rinku Narayan Yadav, the informant, arrived at Madhubani Railway Station by Pawan Express. Further, some altercations took place between the informant's devar and the accused persons over a trivial issue of paying parking fees. Thereafter, the accused persons verbally abused him and then assaulted him, causing multiple head injuries and one injury near his eye.

Patna High Court CR. MISC. No.51164 of 2024(3) dt.18-01-2025 2/3 When the informant intervened, they pulled her hair, assaulted her with lathi and injured her husband with an iron rod. On raising alarm, the patrolling team apprehended two accused (Sunil Kumar and Indal Kumar), while petitioner managed to flee away.

4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The injuries are simple in nature. The petitioner was not arrested at the spot.

5. On the other hand, the learned APP for the State though opposed the prayer for bail but fairly submits that the injuries are simple in nature.

6. Considering the above-mentioned facts and circumstances, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Madhubani in connection with Town P.S. Case No. 81 of 2024, subject to the conditions as laid down under Section 438(2) Cr.P.C.

7. The petitioner shall remain present physically on

Patna High Court CR. MISC. No.51164 of 2024(3) dt.18-01-2025 3/3 each and every date before the court below till framing of the charges.

8. Before accepting the bail bond, the learned court below shall verify the criminal antecedent of the petitioner and if it is found that he is involved in any other case except the present one, his bail bond shall not be accepted. (Nawneet Kumar Pandey, J) Kundan/- U T