Sonu Ray @ Gonu Kumar @ Sonu Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56080 of 2023 Arising Out of PS. Case No.-301 Year-2022 Thana- PIPRAKOTHI District- East Champaran ====================================================== Sonu Ray @ Gonu Kumar @ Sonu Rai, S/O- Wakil Ray @ Wakil Rai, R/OVillage- Mathiya Bariyarpur, P.S.- Piprakothi, Dist.- East Champaran ... ... Petitioner/s
Versus
The State of Bihar Bihar, Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arvind Kumar, Advocate For the Opposite Party/s :
Mr.Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Piprakothi P.S. Case No.301/2022, lodged on 05.11.2022 under Sections 147, 341, 323, 324, 307, 504 and 506 of the Indian Penal Code.
3. As per the prosecution, the FIR has been lodged against three named and 5 unknown accused persons to the effect that during panchayat all the accused person's named and unknown attacked on the informant by Chhura. Specific allegation against the present petitoner is that he attacked on the Radhey Shyam Sah by Chhura by which there are injury on his forehead.
Patna High Court CR. MISC. No.56080 of 2023(2) dt.30-08-2023 2/3
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner and the informant are next door neighbour. The petitioner is in custody since 19.04.2023 having clean antecedent. The injury report of Radhey Shayam Sah and Gaya Sah (Annexure -2, Page 15 and 16) suggests the injuries are simple in nature.
5. Learned APP for the State opposes the prayer for bail of the petitioner.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned CJM, East Champaran, Motihari, in connection with Piprakothi P.S. Case No. 301/2022, subject to the following conditions:
(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his 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 bail
Patna High Court CR. MISC. No.56080 of 2023(2) dt.30-08-2023 3/3 bonds by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (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 the bail bonds. (Dr. Anshuman, J) Ashwini/- U T