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Patna High CourtCR. MISC./53288/2024allowed

Sonela @ Sona Lal v. The State Of Bihar

2024-08-28Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53288 of 2024 Arising Out of PS. Case No.-75 Year-2024 Thana- SHEIKHOPUR SARAI DistrictSheikhpura ====================================================== SONELA @ SONA LAL S/O MOTI SINGH R/O VILLAGE- AMBARI, P.SSHEKHOPUR SARAI, DIST.- SHEIKHPURA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Priya Saran Singh, Adv.

For the Opposite Party/s :

Mr. Lalan Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 504, 506, 34 of the Indian Penal Code.

3. Allegedly, the petitioner along with one Dipak Kumar is said to have abused and assaulted the informant by means of knife brutally due to which he sustained head injury. They also snatched Rs. 1500/- from the possession of the informant.

4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no

Patna High Court CR. MISC. No.53288 of 2024(2) dt.28-08-2024 2/3 offence. No such occurrence as alleged has ever taken place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is specific overt act against co-accused Dipak Kumar. Both the parties are co-villagers and now, the matter has been compromised between both the parties. Learned counsel further submits that the injuries sustained by the informant were found simple in nature, which is also evident from Annexure-P/3. Petitioner has four criminal antecedents as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for bail.

6. Having regard to the facts and circumstances of the case, as from bare perusal of the FIR, it is evident that there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with

Patna High Court CR. MISC. No.53288 of 2024(2) dt.28-08-2024 3/3 Shekhopur Sarai P.S. Case No. 75 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T