Sonu Kumar @ Sonu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67504 of 2023 Arising Out of PS. Case No.-100 Year-2023 Thana- PANDARAK District- Patna ====================================================== SONU KUMAR @ SONU YADAV Son of Surendra Yadav @ Sulendra Yadav @ Surendra Rai Resident of Village-Gopakita, Police StationPandarak, District-Patna. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vijay Kumar For the Opposite Party/s :
Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 17-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Pandarak P.S. Case No.100/2023, lodged on 17.05.2023 under Sections 147, 148, 341, 307, 337, 338, 379, 504, 506 of the Indian Penal Code and 27 of the Arms Act.
3. As per the prosecution case, the FIR has been lodged against 7 named and 20-25 unknown accused persons. The allegation against the petitioner is that he along with other co-accused persons have assaulted the informant.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offenc. In fact, on the alleged date, the election of Mukhiya took place and due to
Patna High Court CR. MISC. No.67504 of 2023(2) dt.17-10-2023 2/3 political rivalry hot discussions took place in which the petitioner and other accused persons were made accused. He further submits that the allegation of gun-shot is only against coaccused, namely, Dharmraj Yadav whereas against other accused persons, the accusation is omnibus and general. Apart from the present case, the petitioner is accused in two more criminal cases, and out of two cases, one case has been lodged by the same informant arising from the said dispute. The petitioner is in custody since 18.05.2023.
5. Learned APP for the State opposes the prayer for bail of the petitioner.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, 1, Barh, Patna, in connection with Pandarak P.S. Case No.100/2023, subject to the conditions as laid down U/s 437(3) Cr.P.C. as well as the following conditions:
(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
Patna High Court CR. MISC. No.67504 of 2023(2) dt.17-10-2023 3/3 (ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner 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 the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J) Ashwini/- U T