Sonu @ Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53055 of 2022 Arising Out of PS. Case No.-218 Year-2020 Thana- BAKHTIYARPUR District- Patna ====================================================== 1.

SONU @ SONU KUMAR S/o Pawan singh R/ Village - Bakhtiyarpur, P.S.- Bakhtiyarpur, District - Patna.

2.

Raja Kumar S/o Pawan Singh R/ Village - Bakhtiyarpur, P.S.- Bakhtiyarpur, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 17-01-2023 Heard learned counsel for the petitioners and the State.

The petitioners apprehend tneir arrest in connection with Bakhtiyarpur P.S. Case No. 218/2020 for the offence registered under Sections 147, 148, 149, 341, 323, 379, 380 and 307 of the Indian Penal Code and Section 27 of the Arms Act. As per the prosecution story, the allegation is that the informant had purchased stone chips from the shop of Kunal Singh but instead of 100 CFT, only 90 CFT were provided and when the same was complained, firstly, they assaulted him and later chased into his house where the informant was assaulted. The further allegation is of looting of some amount as also

Patna High Court CR. MISC. No.53055 of 2022(2) dt.17-01-2023 2/3 opening fire. Accordingly, the FIR was lodged. Learned counsel for the petitioner submits that it is a matter of case and counter case and the injuries have been found to be simple in nature. He further submits that irrespective of the outcome of the present case, the petitioners on their own would like to contribute towards the medical assistance of Rs. 15,000/- through Demand Draft issued by the local State Bank of India branch to be submitted before the 'NAZARAT' of concerned court to be handed over to the informant after checking the credentials.

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

Taking into account the fact that it is a matter of case and counter case as also the injuries have been found to be simple in nature, this Court is inclined to grant him relief subject to payment of Rs. 15,000/- as stated above.

Let the petitioner, in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM-III, Barh, Patna in connection with Bakhtiyarpur P.S. Case No. 218 of

Patna High Court CR. MISC. No.53055 of 2022(2) dt.17-01-2023 3/3 2020, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Rajiv Roy, J) Jagdish/Neha - U T