Sonu Kumar @ Sonu Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72551 of 2021 Arising Out of PS. Case No.-374 Year-2020 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== Sonu Kumar @ Sonu Ram S/o Bangali Ram R/o village- New Area, Ravidas Nagar, P.S.- Aurangabad Town, Distt.- Aurangabad ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Miss.Mukul Kumari, Advocate For the Opposite Party/s :
Mr.Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 26-05-2022 Heard Miss. Mukul Kumari, learned counsel for the petitioner and the State.
Let the defect(s), if any, as pointed out by the office, be removed within four weeks.
The petitioner is in custody in connection with Aurangabad Town P.S. Case No. 374 of 2020 for the offence under sections 341, 323, 324, 307, 379, 504, 506/34 of the Indian Penal Code.
As per the FIR, the informant has alleged that the accused persons who are his own family members including the father and brother have assaulted him. Further allegation is that while his father Bangali Ram gave a 'sword' blow on his head, his brother Sonu Kumar gave 'bhala' blow on his right hand.
Patna High Court CR. MISC. No.72551 of 2021(2) dt.26-05-2022 2/3 Learned counsel for the petitioner submits that the accused Bangali Ram has since been granted the privilege of anticipatory bail by a coordinate bench of this Court vide Cr. Misc. No. 44902 of 2021 on 12.4.2022.
Let the same be kept on record.
Considering the fact that the petitioner is in custody since 1.11.2021 (as stated in para-15 of the bail application), charge-sheet stands submitted, he has no criminal antecedent and the accused Bangali Ram against whom the allegation of giving sword blow on the vital part of the informant has since been granted the privilege of anticipatory bail, this Court is inclined to grant him the privilege of bail. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad, in connection with Aurangabad Town P.S. Case No. 374 of 2020 subject to the following conditions: (i) one of the bailors should be the family members of the petitioner, who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive
Patna High Court CR. MISC. No.72551 of 2021(2) dt.26-05-2022 3/3 dates without plausible reasons will entail his cancellation of bail by the Trial Court itself;
(iii) he shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of his bail bonds;
With the aforesaid observations, the bail application is allowed.
(Rajiv Roy, J) Ravi/- U T