Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52807 of 2022 Arising Out of PS. Case No.-26 Year-2022 Thana- KARPI District- Jehanabad ====================================================== SUNIL KUMAR Son of Sakaldeep Singh R/V- Anandbag Karpi, P.S- Karpi, Dist- Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Diwakar Upadhyaya, Adv.

For the Opposite Party/s :

Mr.Suman Kumari Singh, Adv.

Mr. J.N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 20-03-2023 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard learned counsel for the petitioner, learned counsel for the informant as well as Mr. J.N. Thakur, learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Karpi P.S. Case No. 26 of 2022, registered for the offences punishable under Sections 341, 323, 324, 308, 504, 34 I.P.C.

According to the prosecution case, when the informant was discussing the matter for partition of the land with his mother, in the meantime, the petitioner along with co-

Patna High Court CR. MISC. No.52807 of 2022(4) dt.20-03-2023 2/3 accused Shashi Shekhar came there and they assaulted him on his head by garansi.

Learned counsel for the petitioner has submitted that the petitioner is a person of clean antecedent and co accused Shashi Shekhar has been granted bail by the coordinate Bench of this Court. The case of the petitioner is exactly similar to that of co-accused Shashi Shekhar.

On the other hand, the learned counsel for the Informant has submitted that the petitioner is assailant and there is allegation against him that he along with co-accused Shashi Shekhar inflicted garansi blow on the head of the deceased. Considering the fact that on similar footing coaccused Shashi Shekhar has been granted bail and also considering the merits of the case, let the petitioner abovenamed be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IV, Arwal in connection with Karpi P.S. Case No. 26 of 2022, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

Patna High Court CR. MISC. No.52807 of 2022(4) dt.20-03-2023 3/3 (ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) SONALI/- U T