Sonu Kumar @ Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73205 of 2024 Arising Out of PS. Case No.-112 Year-2019 Thana- BHOJPUR COMPLAINT CASE District- Bhojpur ====================================================== Sonu Kumar @ Rohit Kumar, Son of Suresh Singh, R/O Faishon Telors, Hospital Road, Jagdishpur, P.S.- Jagdishpur, Dist.- Bhojpur.... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Santosh Kumar, Son of Awadhesh Prasad Mishra, R/O Ward no.4, Village and P.O. and P.S- Jagdishpur, District- Bhojpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Omprakash Pandey, Adv.

For the Opposite Party/s :

Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 22-01-2025 Heard Mr. Omprakash Pandey, learned counsel for the petitioner and Mr. Kumar Veerendra Narayan, learned APP for the State.

2. The petitioner apprehends his arrest in connection with Complaint Case No. 112C of 2019 dated 17.01.2019 registered for the offences punishable under sections 341, 323, 453, 384, 427 and 504 read with section 34 of the Indian Penal Code and section 27 of the Arms Act.

3. The main submissions advanced by learned counsel appearing for the petitioner are that the instant matter is based on the complaint filed by the O.P. No. 2 and from the statement of the complainant recorded on S.A., it is clearly evident that he did not make any specific allegation of assault against the petitioner and the same is general and omnibus against all the accused persons including the petitioner, out of them, co-accused persons, namely,

Patna High Court CR. MISC. No.73205 of 2024(3) dt.22-01-2025 2/2 Babloo Kumar and Himanshu Kumar have been granted the relief of anticipatory bail by the trial court itself and the petitioner's prayer has been rejected mainly considering one injury of the complainant that was found on his right forearm in the form of linear bruise and further, the complaint was filed after the delay of two months from the commission of the alleged occurrence. It is further submitted that the petitioner has fair and clean antecedent.

4. Learned APP appearing for the State has opposed the prayer for bail.

5. Considering the aforesaid submissions advanced by petitioner's counsel, this Court is inclined to grant the relief of anticipatory bail to the petitioner. Accordingly, let the petitioner named-above, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Complaint Case No. 112C of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Shailendra Singh, J) annu/- U T