Bhagwan Soni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39829 of 2018 Arising Out of PS. Case No.-124 Year-2018 Thana- RAMNAGAR District- West Champaran ====================================================== Bhagwan Soni Son of late Haridwar Soni Resident of Village- Ram Janki Chowk, Ward No. 11., Ramnagar, P.S. Ramnagar, District- West Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kr Singh No. 1 For the Opposite Party/s :
Smt Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-07-2018 Heard learned counsels for the parties.
The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 341,342,323,324,307,504 and 379/34 of the IPC. The prosecution case as per the written report of Niraj Kumar Pathak dated 25.4.2018, submitted to the SHO, Ramnagar Police Station is to the effect that the informant being wholesale businessman of tea mortgaged some of the jewelleries of his wife to Sachin Soni for Rs.20,000/- which was to be returned with interest of 5%. The informant returned Rs.28,000/- along with Rs.8,000/- interest amount and paid the said amount but he made excuse to return the jewellery which led to hot exchange between the parties and the accused persons, including the petitioner assaulted the informant and
Patna High Court Cr.Misc. No.39829 of 2018(2) dt.11-07-2018 2/3 snatched Rs.45,000/-. It is further alleged that co-accused Sachin Soni assaulted the informant with iron rod causing injury.
It is submitted by learned counsel for the petitioner that in the background of some loan credit dispute, the accusation has been levelled. The petitioner does not belong to the family of co-accused Sachin Soni. The petitioner is a neighbouring shopkeeper and since he tried to pacify the issue, he has been roped in as an accused in the present case. The thrust of accusation is against co-accused Sachin Soni. The petitioner is accused in one other case registered under Sections 406 and 420 of the IPC but he is on bail in the said case. Learned APP submits that accusation is specific against all the FIR named accused including the petitioner. Considering the accusation levelled in the background of some loan credit dispute and the thrust of accusation is against co-accused Sachin Soni, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Bagaha in connection with Ramnagar
Patna High Court Cr.Misc. No.39829 of 2018(2) dt.11-07-2018 3/3 P.S. Case No. 124 of 2018 subject to the conditions laid down in Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) anil/- U