Sanu Patel @ Sonu Kumar Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 62731 of 2023 Arising Out of PS. Case No.-281 Year-2022 Thana- UCHKAGAON District- Gopalganj ====================================================== SANU PATEL @ SONU KUMAR PATEL son of Vidyanand Patel villageJamsar Ps- Uchkagaon Dist- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vaishnavi Singh For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-10-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 147, 148, 149, 323, 324, 307, 302, 448 of the Indian Penal Code and section 27 of the Arms Act.

3. It is a case of assaulting by the petitioner and other accused persons to the informant and his family members as a result of which five persons received injuries and wife of the informant succumbed to the injuries.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Specific allegation is against co-accused Manu Patel

Patna High Court CR. MISC. No. 62731 of 2023(2) dt.05-10-2023 2/3 and not against the petitioner. Accused persons are about seventeen in numbers and no specific allegation of assault to the deceased is attributed against the petitioner. Petitioner has inflicted sword blow upon the father of the informant, who has received cut injury in his left hand whereas, as per prosecution case, petitioner has assaulted him on his right hand, which casts a shadow of doubt on authenticity of the FIR. Both parties are neighbours. To implicate a large number of persons, a concocted story in mechanical manner has been made. Similarly situated other accused person has already been enlarged on bail by another coordinate Bench of this Court vide order dated 13.7.2023 passed in Cr. Misc. No. 15925 of 2023. Petitioner is languishing in judicial custody since 2.12.2022.

5. The application for bail is opposed by learned APP for the State and learned counsel for the informant who has stated that petitioner is named accused and five persons have received grievous injury.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above

Patna High Court CR. MISC. No. 62731 of 2023(2) dt.05-10-2023 3/3 named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge XII, Gopalganj in connection with Uchkagaon P.S. Case No. 281 of 2022. (Sunil Kumar Panwar, J) sushma/- U