Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61167 of 2017 Arising Out of PS.Case No. -196 Year- 2014 Thana -MANER District- PATNA ====================================================== Sonu Kumar, S/o Ramdevan Ray, R/o Village- Rambad, P.S.- Maner, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amit Kumar Jha, Advocate. For the Opposite Party/s : Mr. Jagdhar Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 07-02-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Maner P.S. Case No. 196 of 2014 instituted for the offence under Sections 147, 148, 149, 323, 324, 307 and 379 of the Indian Penal Code, 1860.

In the instant case there is allegation against the petitioner that he assaulted the informant with Farsa on his head, due to which, bleeding started and he fell down and became unconscious.

Learned counsel for the petitioner has submitted that there is case and counter case between the parties. The petitioner and informant are close agnates. The brother of the petitioner Ram Kumar @ Ramu Rai has lodged a case vide Maner P.S. Case No.

Patna High Court Cr.Misc. No.61167 of 2017 (3) dt.07-02-2018 2/3 192 of 2014 against the informant and others for committing murderous assault on him and his family members due to dispute regarding the place for unloading stone chips. It has further been submitted that petitioner is working in army and presently posted at Siachen in the state of Jammu and Kashmir. Case diary has been received.

The injury report of the informant is available in the case diary wherein the Doctor has found simple injury on his person.

It is mentioned in paragraph-3 of the bail petition that petitioner has no criminal antecedent.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Maner P.S. Case No. 196 of 2014, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Shri Randhir Kumar, learned Additional Chief Judicial Magistrate-VI, Danapur, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of

Patna High Court Cr.Misc. No.61167 of 2017 (3) dt.07-02-2018 3/3 the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) S.Ali/- U T