Sonu Dubey @ Sonu @ Satendera Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6193 of 2021 Arising Out of PS. Case No.-452 Year-2020 Thana- KANTI THARMAL POWER DistrictMuzaffarpur ====================================================== SONU DUBEY @ SONU @ SATENDERA KUMAR Son of Pappu Dubey Resident of Village - Bheriyahi, P.S. - Kanti, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Bela Singh For the Opposite Party/s :

Mr. Ram Sumiran Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-04-2021 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State, through video conferencing.

The petitioner seeks regular bail in connection with Kanti Police Station Case No. 452 of 2020, registered for the offence punishable under Sections 341/323/307/504/34 of the Indian Penal Code and Section 27 of the Arms Act. The allegation, as per the First Information Report, is that the petitioner, along with other co-accused persons, dragged the informant from his house and co-accused Jitendra Dubey fired upon the informant, due to which the informant received fire arm injury on his thigh.

Learned Counsel for the petitioner submits that both

Patna High Court CR. MISC. No.6193 of 2021(2) dt.09-04-2021 2/3 the parties are agnates and there is land dispute between them. She further submits that allegation of firing is not upon the petitioner; rather the same is against co-accused Jitendra Dubey. She further submits that there is case and counter case inasmuch as the petitioner has also received gunshot injury in his stomach, for which he has lodged Kanti Police Station Case No. 486 of 2020, in which the brother of the present informant has been made accused, along with others. She further submits that the petitioner has got no criminal antecedent and he is in custody since 01.09.2020.

Having heard learned Counsel for the parties and taking into consideration the materials on record and the fact that both the parties are agnates, there is case and counter case, the petitioner has also received gunshot injury, he is not the main assailant and is in custody since 01.09.2020, having no criminal antecedent, I am inclined to grant regular bail to the petitioner.

This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Chief Judicial Magistrate, West,

Patna High Court CR. MISC. No.6193 of 2021(2) dt.09-04-2021 3/3 Muzaffarpur, in connection with Kanti Police Station Case No. 452 of 2020.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √