Sonu Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38427 of 2017 Arising Out of PS.Case No. -9 Year- 2017 Thana -KALER District- JEHANABAD ======================================================
1. Sonu Kumar,
2. Munna Kumar, Both S/o Nageshwar Singh. null
3. Nageshwar Singh. S/o Late Ram Chandra Singh, All R/o VillageBelawn, P.S.- Kaler, District- Arwal (Bihar). .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Lal Bahadur Singh For the Opposite Party/s : Mr. Sri Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-08-2017 Heard the parties.
The petitioners seek regular bail in connection with Kaler P.S.Case No.09 of 2017, registered for offences punishable under Sections 341, 323, 307, 506, 379, 504, 34, 307/34 of the Indian Penal Code.
Allegation against the petitioners as per F.I.R. is in two parts. In the first part it is alleged that the son of the informant was in accompaning the petitioner no.1 on the motorcycle and in the midst of the way he got down and assaulted by 'lathi' and 'danda' and in the second part, it is stated that while the informant was taking his son to the hospital, the accused persons including the petitioners surrounded him and petitioner no.1 assaulted by
Patna High Court Cr.Misc. No.38427 of 2017 (2) dt.21-08-2017 2/3 'Garasa' causing injury on his head and the allegation against appellant no.3 is of assault by 'Farsa' to Siyaram Singh. So far appellant no.2 is concerned, there is general and omnibus allegation of assault.
Submission of the learned counsel for the petitioners is that they have been falsely implicated in this case. So far appellant no.3 is concerned, the injuries caused to him is simple in nature and there is general and omnibus allegation against the petitioner no.2 and so far allegation against the petitioner no.1 of causing injuries are concerned, the opinion has been kept reserved up-till-now.
Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, so far petitioner no.2 (Munna Kumar) and petitioner no.3 (Nageshwar Singh) are concerned, let the petitioner no.2 and 3 be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Arwal (Bihar) in connection with Kaler P.S.Case No.09 of 2017 dated 8.3.2017.
So far petitioner no.1 (Sonu Kumar) is concerned, opinion on the injury has been kept reserved, as such let the petitioner no.1
Patna High Court Cr.Misc. No.38427 of 2017 (2) dt.21-08-2017 3/3 surrender before the court below and make prayer for regular bail, which will be considered by the learned court below on the basis of the injuries caused by him and considering the same, he will pass appropriate order without being prejudiced by the order of this Court.
With the aforesaid observation, this application is disposed of.
(Vinod Kumar Sinha, J) chn/- U T