Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57332 of 2022 Arising Out of PS. Case No.-170 Year-2022 Thana- KALYANPUR District- East Champaran ====================================================== Sonu Kumar Son Of Shambhu Mahto Resident Of Village - Phulwariya Raj, P.S.- Kalyanpur, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 341, 323, 324, 307/34 of the Indian Penal Code.

The prosecution case in nutshell is that while the informant was going to attend the call of nature then petitioner along with co-accused persons restrained him and started assaulting with Knife, Lathi & Danda. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has

Patna High Court CR. MISC. No.57332 of 2022(2) dt.18-01-2023 2/3 falsely been implicated in the present case. It is also submitted that petitioner is languishing in judicial custody since 19.06.2022. There is general and omnibus allegation against the petitioner of assaulting the informant with lathi. The specific allegation of allegation is against co-accused Chandan Kumar. From perusal of the injury report(Annexure 2), it appears that injury sustained by the petitioner is simple in nature. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Kalyanpur P.S. Case No. 170 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with

Patna High Court CR. MISC. No.57332 of 2022(2) dt.18-01-2023 3/3 two sureties of the like amount each to the satisfaction of the learned 3rd Additional Chief Judicial Magistrate, Motihari, East Champran.

(Sunil Kumar Panwar, J) nirajkrs/- U T