Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72015 of 2021 Arising Out of PS. Case No.-97 Year-2021 Thana- BARHAT District- Jamui ====================================================== SONU KUMAR Son of Prem Chandra Yadav @ Gulu Yadav Resident of Village - Bakhari, P.s.- Barhat, Distt.- Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satya Prakash Parasar For the Opposite Party/s :

Mr. Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-02-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner seeks bail in connection with Barhat P. S. Case No.97 of 2021, instituted for the offences under Sections 147, 148, 149, 341, 323, 447, 354(A), 324, 307, 504 and 506 of the Indian Penal Code.

The learned counsel for the petitioner submits that the petitioner is in custody since 05.09.2021, he is a person with clean antecedent and charge-sheet has been submitted in the case.

This case is being taken up out of turn on the mentioning of learned counsel for the petitioner on the ground that the petitioner has to appear in the Intermediate examination and in support of the same Admit Card of the petitioner has been

Patna High Court CR. MISC. No.72015 of 2021(2) dt.02-02-2022 2/3 enclosed with the mentioning slip. Further, the learned counsel for the petitioner has filed a supplementary affidavit bringing on record the facts that in the event if a candidate for some reason does not appear in the exams or in some paper then in terms of the rules, he is allowed a chance to appear subsequently. The learned counsel for the petitioner submits that the allegation is of abusing the informant by accused persons including the petitioner, when she was going to give food to labourer working in the field. Further, there was a dispute relating to water also. It is next alleged that thereafter accused persons excluding the petitioner started assaulting the informant and when her father-in-law came to save, the petitioner is alleged to have assaulted him with tangi on his head leading to injuries.

The learned counsel for the petitioner submits that injuries were found simple in nature caused by hard and blunt substance. Further that the wife of one of the accused in the present case namely, Bahadur Yadav had instituted Barhat P. S. Case No.99 of 2021 against the present informant's side alleging assault on the same day, as such, the learned counsel submits that there is a case and counter-case.

The learned A.P.P. for the State opposes the bail

Patna High Court CR. MISC. No.72015 of 2021(2) dt.02-02-2022 3/3 application and submits that a supplementary report has been submitted by Sadar Hospital, Jamui showing hair line fracture in skull and also that report from P.M.C.H. not submitted. Considering the fact that the petitioner is in custody, he is a person with clean antecedent, charge-sheet has been submitted in the case and has to appear in his Intermediate examination and it is his first offence, the petitioner, abovenamed, is directed to be released on bail on his furnishing bailbonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri. N. K. Pandey, learned Judicial Magistrate, 1st Class, Jamui in connection with Barhat P. S. Case No.97 of 2021, subject to condition that one of the bailers shall be the father of the petitioner, namely Prem Chandra Yadav @ Gulu Yadav. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T