Sanoj Kumar @ Saroj Kumar @ Sanoj Yadav @ Sanoj Kumar Army v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69707 of 2024 Arising Out of PS. Case No.-157 Year-2024 Thana- TEKARI District- Gaya ====================================================== Sanoj Kumar @ Saroj Kumar @ Sanoj Yadav @ Sanoj Kumar Army, Son of Pyarchand Yadav, Village- Shivnagar, Ps- Tekari, Dist- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Aryan Singh, Advocate For the Opposite Party/s :
Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 23-10-2024 Heard learned counsel appearing on behalf of the petitioner and the learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Tekari P.S. Case No. 157 of 2024, registered for the offences punishable under Sections 341, 323, 307, 379, 504, 506 and 34 of the Indian Penal Code.
3. Allegedly while the informant was going to his home, in the meanwhile the petitioner alongwith others intercepted him and assaulted by means of iron rod and butt of pistol, due to which the informant suffered serious injury.
4. Learned Advocate appearing on behalf of the petitioner drawing the attention of this Court to the narrations made in the FIR contended that there is no specific allegation of
Patna High Court CR. MISC. No.69707 of 2024(2) dt.23-10-2024 2/3 any assault, rather the omnibus allegation has been levelled against all the FIR named accused persons. It is further contended that the alleged occurrence took place on 27.03.2024 but, surprisingly the FIR has been instituted on 01.04.2024, after delay of four days, without any explanation. There is a counter version of the present case being Tekari P.S. Case No. 158 of 2024, instituted by one of the accused Munna Yadav. It is lastly contended that in fact both the parties are agnates and because of a trifle, they have entered into a free fight, resulting into injuries to persons of both the sides, however the prosecution has failed to explain the injuries sustained to the persons of the petitioners side. The petitioner bears fair antecedent and he undertakes before this Court that he will fully cooperate in the investigation and the proceeding of the Court.
5. On the other hand, learned Advocate for the State opposed the pre-arrest bail application and the submits that the petitioner has actively participated and assaulted the informant by means of pistol butt.
6. Regard being had to the submissions made on behalf of the parties and considering the omnibus nature of allegation coupled with the delay in lodging of the FIR and the fair antecedent of the petitioner, let the petitioner above named
Patna High Court CR. MISC. No.69707 of 2024(2) dt.23-10-2024 3/3 be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-VI, Gaya in connection with Tekari P.S. Case No. 157 of 2024, subject to the conditions laid down in Section 438(2) Cr.P.C. with the further condition that one of the bailors shall be the own/close family members of the petitioner. (Harish Kumar, J) supratim/- U T