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Patna High CourtCR. MISC./57613/2024allowed

Sunny Kumar @ Sunny Kumar Singh v. The State Of Bihar

2024-09-11Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57613 of 2024 Arising Out of PS. Case No.-190 Year-2024 Thana- GAURICHAK District- Patna ====================================================== 1.

Sunny Kumar @ Sunny Kumar Singh, Son Of Sumanath Singh, VillageKansari, PS.- Gaurichak, District- Patna 2.

Sumanath Singh, Son Of Madhu Singh, Village- Kansari, P.S.- Gaurichak, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nagendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 11-09-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in connection with Gaurichak P.S. Case No. 190 of 2024, registered for the offences punishable under Sections 147, 149, 341, 323, 307 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, the petitioners along with other 10-15 co-accused persons came to capture the land of the informant and throwing away the construction material kept on the place of occurrence. On protest, the petitioners fired upon the informant and his son but somehow they saved themselves.

Patna High Court CR. MISC. No.57613 of 2024(2) dt.11-09-2024 2/2

4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case due to land dispute. The allegation of firing upon informant and his son is false as there is no fire-arm injury upon them. Petitioners have no criminal antecedent and they undertake to cooperate in the investigation and trial of this case.

5. Learned APP opposes the prayer for anticipatory bail of the petitioners.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection with Gaurichak P.S. Case No. 190 of 2024, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Sunil Dutta Mishra, J) khushbu/- U T