Sonu Kumar @ Nunoo Kumar v. The State Of Bihar
Patna High Court Cr.Misc. No.42506 of 2015 (3) dt.05-11-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42506 of 2015 Arising Out of PS.Case No. -289 Year- 2015 Thana -DANAPUR District- PATNA ====================================================== Sonu Kumar @ Nunoo Kumar S/o Gopal Prasad R/o Village Pethia Bazar, Danapur, P.S. Danapur, District Patna.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Shiva Shankar Prasad Singh For the Opposite Party : Mr. Anil Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-11-2015 Heard the counsel for the petitioner and counsel for the State.
The petitioner is languishing in jail since 07.07.2015 in a case instituted under Sections 389 and 307/34 of the Indian Penal Code and Section 27 of the Arms Act and Section 3(ii)(V) of the SC and ST Act.
As per allegation, the informant along with his father Om Prakash Choudhary and Chhotu were counting his purchased Pumpkin in wholesale in Pethiya Bazar, Kali Ashtan, then all the accused persons came on Apache Motorcycle without any registration number and Ramesh told that you being by a caste of Pasi have made much money by selling vegetables and when my men demanded Rangdari, you did not given rangdari and told that
Patna High Court Cr.Misc. No.42506 of 2015 (3) dt.05-11-2015 he will finish him today and all the accused persons fired from their respective pistols with intent to kill and informant fell down and thereafter the accused persons fled away after leaving the Alto vehicle and Apache motorcycle on the place of occurrence. It has been submitted on behalf of the petitioner that the petitioner is in custody since 07.07.2015. Chargesheet has been submitted in the case. There is no allegation of tampering of evidence against the petitioner. As per the prosecution case, it is being said that the petitioner is said to have fired in the air. No injury is said to be caused to anyone. No offence under Section 307 Indian Penal Code is attracted against the petitioner. On behalf of the State, it has been submitted that the petitioner is named in the FIR.
Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Danapur in connection with Danapur P.S.Case No.289 of 2015. (Sudhir Singh, J) B.Kr./- U T