Sonu Yadav @ Sonu Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65142 of 2024 Arising Out of PS. Case No.-250 Year-2024 Thana- BIKRAMGANJ District- Rohtas ====================================================== 1.
Sonu Yadav @ Sonu Kumar Singh S/O Kanhaiya Singh Resident of villageMorauna, P.S- Bikramganj, District- Rohtas. 2.
Ramu Kumar @ Ramu Yadav S/O Jainath Singh Resident of villageMorauna, P.S- Bikramganj, District- Rohtas. 3.
Jainath Yadav @ Jainath Singh S/O Bhikhari Singh Resident of villageMorauna, P.S- Bikramganj, District- Rohtas. 4.
Raushan Kumar @ Raushan Yadav @ Shambhu Yadav S/O Jainath Singh @ Jainath Yadav Resident of village- Morauna, P.S- Bikramganj, DistrictRohtas. 5.
Chitranjan Yadav @ Chitranjan Kumar S/O Kanhaiya Singh Resident of village- Morauna, P.S- Bikramganj, District- Rohtas. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shashikant, Adv.
For the State :
Mr. Yogendra Kumar, APP For the Informant :
Mr. Ajay Kumar Prasad, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-11-2024 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the informant.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 149, 447, 341, 323, 325, 307, 504, 506, 379, 354 of the Indian Penal Code.
3. As per the prosecution case, it is alleged that all the accused persons including the petitioners came at the door of the informant and abused her. Petitioner no. 5 grabbed her hair
Patna High Court CR. MISC. No.65142 of 2024(3) dt.21-11-2024 2/3 and also torn her clothes. When her younger son came to rescue her, all the accused persons started assaulted him with an intention to kill him.
4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that there is no specific overt act against petitioner nos. 1, 3, 4 and 5. There is specific allegation against petitioner no. 2, who is said to have assaulted the son of the informant and the injury is found grievous in nature. Petitioner nos. 2 and 5 have one criminal antecedent and petitioner nos. 1, 3 and 4 have two criminal antecedents as mentioned in para-3 of this application.
5. Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail and submitted that the petitioners are also involved in the present case.
6. Having regard to the facts and circumstances of the case and the fact that there is general and omnibus allegation against the petitioner nos. 1, 3, 4 and 5, let the above named petitioner nos.1, 3, 4 and 5, be released on bail, in the event of their arrest or surrender before the learned Court
Patna High Court CR. MISC. No.65142 of 2024(3) dt.21-11-2024 3/3 below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each 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 Bikramganj P.S. Case No. 250 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
7. Considering the facts and circumstances of case and the fact that there is specific overt act against petitioner no. 2 and the injury sustained by injured persons is grievous in nature, I am not inclined to enlarge petitioner no.2 on anticipatory bail. The prayer for anticipatory bail of the petitioner no. 2 is hereby rejected.
8. Accordingly, this application is partly allowed. (Anjani Kumar Sharan, J) anand/- U T