Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74246 of 2024 Arising Out of PS. Case No.-58 Year-2024 Thana- KARTAHA District- Vaishali ====================================================== Sonu Kumar Son of Naresh Rajak Resident of Village- Ghataro, P.S.- Kartaha, Distt.- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aniket Singh, Adv.

For the Opposite Party/s :

Mr. Md. Mushtaque Alam, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 341, 342, 283, 353, 323, 504 and 506 of the Indian Penal Code.

3. The allegation levelled against the petitioner is that he along with other co-accused persons assembled at the place of occurrence and block the road near SH-70, Ghataro Girls Middle School due to which law and order problem arose. A lot of effort was made to pacify the miscreants present with the help of local representatives, but the miscreants started getting into fight with them due to which common people had to face a lot of difficulties.

4. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.74246 of 2024(2) dt.28-10-2024 2/3 that petitioner is quite innocent and has committed no offence. No such occurrence as alleged has ever taken place. He has fasely been implicated in this case due to ulterior motive. The allegation levelled against the petitioner is totally false and based on concocted facts. There is no specific overt act against him. As per FIR, petitioner is said to be a member of mob, but he was not present at the place of occurrence. He is working as a washer man at the Sports Authority of India in Kolkata and on the alleged date and time of occurrence, he was in Kolkata, which is also evident from railway ticket as well as gate pass of Sports Authority of India enclosed in the bail application at Annexure-2. Learned counsel further submits that the name of the petitioner has been transpired in the present case merely on suspicion. He has no criminal antecedent as mentioned in para3 of this application.

5. Learned APP for the State opposes the prayer for bail.

6. Having regard to the facts and circumstances of the case, since petitioner was not present at the place of occurrence on the alleged date and time, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five

Patna High Court CR. MISC. No.74246 of 2024(2) dt.28-10-2024 3/3 Thousand) 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 Kartaha P.S. Case No. 58 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) divyanshi/- U T