Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55715 of 2019 Arising Out of PS. Case No.-297 Year-2019 Thana- BIHARSHARIF District- Nalanda ====================================================== SONU KUMAR Son of Vijay Prasad Resident of Mohalla-Alinagar, P.S.- Bihar, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Kumar For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-09-2019 Heard both sides.

The petitioner apprehends his arrest in Bihar (Nalanda) P.S. case No. 297 of 2019 registered under Section 447, 323, 325, 307, 354, 379, 504, 506/34 of the IPC. The informant altogether named 16 persons and alleged that they all, having armed with different weapons, came to his house. Sonu Kumar, the petitioner, assaulted the informant with iron rod on his face and all over his body. It is further alleged that Patali Kumar @ Ravi and Naresh Pandit pressed the neck of the mother of informant. Pravesh Pandit, Karu Kumar and Pintu Kumar assaulted the father of informant causing injury in his waist and spinal cord. Sonu Kumar, Pintu Kumar, Patali Kumar, Vijay Prasad, Navin Prasad, Pravesh Pandit, Naresh Pandit, Kanhaiya Kumar, Amarjeet Kumar and others assaulted the wife of brother of the informant.

Patna High Court CR. MISC. No.55715 of 2019(2) dt.05-09-2019 2/2 The learned counsel for the petitioner submits that there is counter version being Bihar P.S. case No. 301 of 2019. The informant, his father and mother got simple injuries. The injury reports are annexed as Annexure-3, 4, 5 of the bail petition. Similarly situated other accused persons have been granted anticipatory bail by the court below.

Taking into consideration the facts that there is case and counter case and it appears that both sides got involved in mutual assault on each other in which informant, his father and mother got simple injuries, the petitioner, above named, in the event of his arrest/ surrender before the court below within a period of four weeks from the date of receipt/ production of a copy of this order is directed to be enlarged on bail on his furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Bihar (Nalanda) P.S. case No. 297 of 2019, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

BKS/- (Prabhat Kumar Jha, J) U T