Virendra Kumar Soni @ Virendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2227 of 2023 Arising Out of PS. Case No.-55 Year-2022 Thana- BAIRIYA District- West Champaran ====================================================== VIRENDRA KUMAR SONI @ VIRENDRA SAH S/O Sri Mathura Sah R/O Village- Bairiya Tand, Naya Tola, Ward No- 10, P.S- Bairiya, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s :

Mr. Humayou Ahmad Khan, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-05-2023 Heard learned counsel for the petitioner and the State. Petitioner apprehends arrest in a case registered for the offence punishable under sections 341, 323, 324, 307, 504, 506/34 of the Indian Penal Code and Section 302 was subsequently added.

As per the prosecution case, accused persons including this petitioner hurled abuses and assaulted the nephew of the informant with lathi and rod. The nephew of the informant fell down unconscious and was rushed to the hospital where he died during treatment.

Learned counsel for the petitioner submits that due to pending land dispute against him, this petitioner has been made accused in this case. There is no specific over act against the petitioner. After investigation, police submitted charge-sheet only against one Chandi Chaudhary and this petitioner was not

Patna High Court CR. MISC. No.2227 of 2023(2) dt.08-05-2023 2/2 sent up for trial, however, differing with the same, took cognizance of the offence also against the petitioner. Similarly situated co-accused persons, namely, Bhola Chaudhary and Subhash Baitha, have been granted bail by the co-ordinate Bench of this Court in Cr. Misc. No. 70561 of 2022 and Cr. Misc. No. 71942 of 2022, respectively.

Learned counsel for the State opposes the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-III, West Champaran at Bettiah in connection with Bairiya P.S. case no. 55 of 2022 subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Alok Verma/- U T