Soni Kumar @ Soni @ Pranav Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25471 of 2017 Arising Out of PS.Case No. -73 Year- 2016 Thana -BIHRA District- SAHARSA ====================================================== Soni Kumar @ Soni @ Pranav Kumar Singh S/o Fulendra Prasad Singh, Resident of Village- Barahsher, P.S. Bihra, District Saharsa. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhaskar Shankar, Advocate For the Opposite Party/s : Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 03-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 15.03.2017 in connection with Bihra P.S. Case No. 73 of 2016 registered for the offence punishable under Sections 307, 324, 323, 504, 341, 147, 148 and 149 of the Indian Penal Code. The prosecution case, as lodged by the informant, is that the petitioner along with one Moni Kumar has assaulted his brother by means of farsa causing injury on his head and arm. It has been submitted by the learned counsel for the petitioner that the allegations are general and omnibus and both the parties are on inimical terms and a counter case has been lodged by the petitioner's side in which petitioner's side also

Patna High Court Cr.Misc. No.25471 of 2017 (3) dt.03-07-2017 2/2 received grievous injury. He submits that the injury caused on the head is simple in nature, but the injury caused on the hand has been found to be grievous, but it does not specify by whose assault the brother of the informant received the said injury. He submits that the said Moni Kumar has already been granted the privilege of bail by a coordinate Bench of this Court in Cr. Misc. No. 24251 of 2017 on 22.05.2017 and that charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence.

However, learned A.P.P. for the State opposes the prayer for bail stating therein that the petitioner does not have clean antecedent.

Considering the facts and circumstances and the materials on record, let the petitioner above named 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 learned Chief Judicial Magistrate, Saharsa in connection with Bihra P.S. Case No. 73 of 2016.

(Nilu Agrawal, J.) Arjun/- U T