Sanny Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62303 of 2024 Arising Out of PS. Case No.-173 Year-2024 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Sanny Kumar Son of Manoj Sharma Resident of village - Hardiya, P.S.- Muffasil, District - Begusarai.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sabal Kumar Jha, Advocate For the Opposite Party/s :
Mr. Anant Kumar-1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 379 & 307/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. While the informant was regressing to his house from Baghi and when reached at Dr. N.K. Singh clinic, then the petitioner and two other co-accused are said to have caught and assaulted him. They snatched his belongings and resorted firing.
4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been
Patna High Court CR. MISC. No.62303 of 2024(2) dt.01-10-2024 2/2 falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is inordinate and abnormal delay of three days in lodging the F.I.R. without assigning any plausible and convincing reason for the said delay, which creates serious doubt about the prosecution case. Informant has not sustained any injury in the aforesaid occurrence. Petitioner has no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposed the prayer for bail.
6. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Begusarai Muffasil P.S. Case No. 173 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T