Sanu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55713 of 2024 Arising Out of PS. Case No.-975 Year-2023 Thana- KANTI District- Muzaffarpur ====================================================== SANU KUMAR S/O PAWAN KUMAR R/O VILLAGESHUBHANKARPUR, P.S- KANTI, DISTT.- MUZAFFARPUR. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar, Advocate For the Opposite Party/s :
Mr.Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 04-09-2024 Heard the parties.
2. The petitioner is apprehending arrest in connection with Kanti P.S. Case No. 975 of 2023 instituted under Sections 341, 447, 307, 504, 506/34 of the Indian Penal Code & 3/4 of Explosive Substances ct lodged on 21.12.2023 by the informant, Anju Devi.
3. As per the prosecution story, the informant alleged that while she was cleaning utensils, this petitioner came and threw something on the sand which exploded. Subsequently, the accused Rakesh Kumar also came and abused the informant's side. Police was called on 112 and recovered/seized some thread as also small tin box. Accordingly, the FIR.
4. Learned counsel for the petitioner submits that due to land dispute, they themselves created the story and called on
Patna High Court CR. MISC. No.55713 of 2024(2) dt.04-09-2024 2/3 112 to implicate him. He do not have criminal antecedent and is a student.
5. Learned APP opposes the prayer submitting that they created terror, the episode took place.
6. Considering the aforesaid facts as also the fact that the petitioner do not have criminal antecedent, is a young person, this Court is inclined to extend him the privilege of anticipatory bail.
8. Let the petitioner be released on bail, in the event of his arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each in connection with Kanti P.S. Case No. 975 of 2023 to the satisfaction of learned Additional Chief JudicialIII, West, Muzaffarpur, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other conditions. (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his
Patna High Court CR. MISC. No.55713 of 2024(2) dt.04-09-2024 3/3 bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every month for next one year to mark his attendance;
(iii) the petitioner shall co-operate in the investigation and make himself available to the police as and when required; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Ravi/- U T