Sonu Kumar Rai @ Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53859 of 2024 Arising Out of PS. Case No.-388 Year-2022 Thana- BANIAPUR District- Saran ====================================================== 1.

Sonu Kumar Rai @ Sonu Kumar, Son Of Laldev Rai Resident Of Village - Sakin Puchri, P.S. - Baniyapur, District - Saran 2.

Sanjiv Kumar Rai @ Sanjiv Kumar, Son Of Laldev Rai Resident Of Village - Sakin Puchri, P.S. - Baniyapur, District - Saran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Basant Kumar Singh Mr. Vishesh Kumar Singh For the Opposite Party/s :

Mr. Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-08-2024

1. Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 504, 506 and 34 of the Indian Penal Code.

3. The learned counsel for the petitioners submits that the petitioners have antecedent of two cases and the informant alleges that accused persons came variously armed on 24.07.2022 at 9.30 A.M. and Sonu assaulted by an iron rod causing injury on head and thereafter, Sanjeev

Patna High Court CR. MISC. No.53859 of 2024(2) dt.29-08-2024 2/3 assaulted by farsa causing injury on head while rest accused assaulted by lathi. Further, Gyani and Raja threatened him to withdraw Baniyapur P. S. Case No.381 of 2022.

4. The learned counsel for the petitioners submits that petitioners and the informant are agnates and on account of dispute relating to land, an altercation took place in which both sides assaulted each other. It is also submitted that from perusal of the injury report (Annexure-2), it would manifest that injury suffered by the injured is simple in nature and the blow was not repeated which amply demonstrates that petitioners never had any intention of committing a serious offence.

5. Learned A.P.P. opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioners, the petitioners, abovenamed, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each

Patna High Court CR. MISC. No.53859 of 2024(2) dt.29-08-2024 3/3 with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra in connection with Baniyapur P. S. Case No.388 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T