Sonu Kumar @ Rakesh Kumar @ Sonu Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62793 of 2021 Arising Out of PS. Case No.-47 Year-2021 Thana- KHUDAGANJ District- Nalanda ====================================================== Sonu Kumar @ Rakesh Kumar @ Sonu Kumar Yadav Son of Shiv Yadav Resident of Village- Madud, P.S.- Khudaganj, District- Nalanda. (Bihar) ... ... Petitioner
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Arun Kumar, Advocate For the Opposite Party :
Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-04-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
This application for regular bail arises out of Khudaganj P.S. Case No. 47 of 2021, disclosing offence punishable under Section 302 of the Indian Penal Code. It is alleged in the F.I.R. that the informant's father was assaulted by the petitioner in the evening of 21.04.2021 when he had gone to answer the call of the nature. For treatment of the injuries caused by assault, the victim was taken to hospital where he died on 28.04.2021. On the basis of Fardbayan, the F.I.R. came to be registered on 12.05.2021. Learned counsel appearing on behalf of the petitioner has submitted that there is no explanation in the F.I.R. as to why immediately after the occurrence of the incident, no F.I.R. was
Patna High Court CR. MISC. No.62793 of 2021(2) dt.06-04-2022 2/2 registered. He has further submitted that there is no justification for delayed lodging and registration of the F.I.R.. He further submits the very fact that the F.I.R. has been registered after 8 days after the date of occurrence which creates serious doubt over the veracity of the allegation made in the F.I.R.. The petitioner is in custody since 10.08.2021. As stated in paragraph 3 of the application and the petitioner does not have any criminal antecedent.
On perusal of material facts on record, I find force in submission made on behalf of the petitioner to the extent the same relates to delay in lodging of the F.I.R.. Considering the petitioner's period of incarceration and the material facts noted above, a case for grant of regular bail is made out. This application is accordingly allowed.
Let the petitioner, above-named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only), with two sureties of the like amount, each to the satisfaction of learned Additional Chief Judicial Magistrate, Hilsa, District-Nalanda in Khudaganj P.S. Case No. 47 of 2021. (Chakradhari Sharan Singh, J) K.K.RAO/- U T