Sonu Kumar @ Sunny Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77132 of 2024 Arising Out of PS. Case No.-279 Year-2024 Thana- BACHHWARA District- Begusarai ====================================================== Sonu Kumar @ Sunny Kumar, Son of Ramanand Yadav, Resident of Village - Shibu Tol Ward No.13, P.S. - Bachhawara, District - Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar, Advocate For the Opposite Party/s :
Mr. Rajendra Nath Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 22-03-2025 Heard learned Advocate appearing on behalf of the petitioner and the learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Bachhawara P.S. Case No. 279 of 2024, registered for the offences punishable under Sections 115, 126(2), 303(2), 109, 351(2), 352/3 (5) of the Bharatiya Nyaya Sanhita, 2023.
3. Allegedly on the fateful day and time, all the FIR named accused persons including the petitioner came to the house of the informant and started assaulting the informant by means of fist and slaps. When the husband of the informant came to her rescue, the accused persons also assaulted him, due to which he sustained head injury. It is further alleged that this petitioner gave an iron rod blow over the ear of the mother-in-
Patna High Court CR. MISC. No.77132 of 2024(3) dt.22-03-2025 2/3 law of the informant, due to which she sustained serious injury and lost her hearing sense.
4. Learned Advocate appearing on behalf of the petitioner referring to the FIR has contended that in fact the genesis of the occurrence is a land dispute, resulting into institution of case and counter case being Bachhawara P.S. Case No. 294 of 2024. It is further contended that the husband of the informant namely Ravindra Yadav @ Sultana has been declared an absconding criminal by Begusarai police and a reward of Rs. 10,000/- has been announced. Suspecting the hands of the petitioner and others in disclosing about their whereabouts to the police persons, they have falsely implicated the name of the petitioner. Moreover, the injuries sustained to Ravindra Yadav has been found to be simple in nature. So far the mother-in-law of the informant, namely Dharma Devi is concerned, she was examined by the doctor, but the opinion is still reserved.
5. On the other hand, learned Advocate for the State opposed the pre-arrest bail application and submits that the petitioner has assaulted the mother-in-law of the informant by means of iron rod, which may be proved fatal.
6. Regard being had to the submissions made on behalf of the parties and considering the factum of case and
Patna High Court CR. MISC. No.77132 of 2024(3) dt.22-03-2025 3/3 counter case coupled with the fact that the nature of injury is still reserved and so far another injured is concerned, he has sustained simple injury and the petitioner bears fair antecedent, let the petitioner above named 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 Chief Judicial Magistrate in connection with Bachhawara P.S. Case No. 279 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