Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68440 of 2025 Arising Out of PS. Case No.-227 Year-2025 Thana- PATEPUR District- Vaishali ====================================================== Sonu Kumar S/o Jay Kumar @ Bhula Rai R/o Village- Nirpur, P.S.- Patepur, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravish Mishra For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-09-2025 1.

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 127(1), 115(2), 303(2), 117(2), 109, 351(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita.

3.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that he was guarding mango orchard on 8-7-2025, when at 12:30 pm, three named accused persons including the petitioner came and started plucking mangoes, on objection they assaulted him with fist and slap and took away Rs 13,000/-, thereafter the informant went to the police and complained about the occurrence, but then no action was taken, thereafter on

2/4 the same day at 3.30 pm, Manoj, Harihar, Vishwajit, Ramji and Jaikumar alias Bhulla came on a tractor which was being driven by Jaikumar and started loading the mangoes on the tractor, further Manoj dashed the informant on the ground when people came to save him, on which Bhulla assaulted Ravi Ishwar by rod causing injury on head, thereafter Manoj assaulted Raju by a wrench causing injury on head, further Rudal assaulted Pramod by rod causing injury on head, thereafter Shyam assaulted Chandan by lathi causing injury on head, while Harihar assaulted Raghubir by brick causing injury on head and Bhula tore sari of Phulo Devi and took Rs 10,000./-, on alarm people gathered when accused fled and the injured were taken to the hospital.

4.

The learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that the allegation is in two parts: in the first part, it is alleged that petitioner along with two named accused came and were plucking the mangoes, on objection they assaulted with fist and slaps, and later the named accused persons came, but then in the second part, it is not disclosed that petitioner was also present at the place of occurrence though it is alleged that he tried to overrun the

3/4 tractor over the informant, but then no specific allegation of assault is alleged against him. It is further submitted that on account of dispute relating to orchard, the petitioner came to be implicated. It is also submitted that petitioner will not abscond rather will cooperate in the investigation to prove his innocence. 5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Patepur P.S. Case No. 227 of 2025, subject to the conditions as laid down under Section 482 (2) of the BNSS.

7.

However, it is made clear that in the event, if the Investigating Officer of the case files an application before the learned trial court bringing to its notice that the petitioner, despite giving assurance to this Court, is not cooperating in the investigation, in that event, the learned trial court shall be at

4/4 liberty to cancel the bail bonds of the petitioner. 8.

Let a copy of this order be sent to the concerned police station through the learned Trial Court. (Satyavrat Verma, J) Sumit/- U T