Sonu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79601 of 2024 Arising Out of PS. Case No.-115 Year-2020 Thana- TELHARA District- Nalanda ====================================================== 1.
Sonu Kumar Son of Vijay Prasad Resident of Village - Mandirashapar, P.S. - Telhara, District - Nalanda 2.
Mantu Kumar @ Manindra Kumar Son of Sanjay Yadav Resident of Village - Mandirashapar, P.S. - Telhara, District - Nalanda 3.
Manish Kumar Son of Birendra Prasad @ Birendra Kumar Resident of Village - Mandirashapar, P.S. - Telhara, District - Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Saurav Kumar Suman, Advocate For the Opposite Party/s :
Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 09-04-2025 Heard Learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in connection with Telhara P.S. Case No.115 of 2020, registered for the offences punishable under Sections 341/323/379/ 504 / 307/34 of the Indian Penal Code.
3. As per the prosecution, FIR has been lodged against ten named accused persons including the present petitioners. Allegation of assault against the accused persons is there in the FIR.
4. Learned Counsel for the petitioners submits that
Patna High Court CR. MISC. No.79601 of 2024(3) dt.09-04-2025 2/3 both informant and accused persons are well known to each other and he submits that from the content of the FIR it is apparent that the dispute has arisen due to land dispute. Counsel submits that after investigation final form has been submitted against the petitioners but subsequently the Court of Judicial Magistrate, 1st Class, Hilsa, has taken cognizance against the present petitioners. Counsel submits that antecedent of the petitioners are clean. He further submits that there are general and omnibus allegation of assault against the petitioners. Counsel also submits that there are case and counter case for the same place and date of occurrence, namely, Telhara P.S. Case No.114 of 2020 and Telhara P.S. Case No.115 of 2020.
5. Learned Additional Public Prosecutor for the State opposes the prayer for bail and submits that it is a case of 2020, cognizance has been taken on 05.03.2021 and it is 2025 they moved before this Court for anticipatory bail.
6. The certified copy of the cognizance order has been attached with supplementary affidavit. From the cognizance order, it transpires that after cognizance on 05.03.2021 next date was fixed on 17.09.2021 and thereafter directly the case was fixed on 28.08.2024.
7. In the present facts and circumstances of the case,
Patna High Court CR. MISC. No.79601 of 2024(3) dt.09-04-2025 3/3 the petitioners, above named, are directed to be released on anticipatory bail, in the event of arrest or surrender before the Court below within a period of one month from today, on furnishing bail bond of Rs.30,000/- (Three Thousand) each with two sureties of the like amount each to the satisfaction of A.C.J.M., Hilsa, Nalanda, in connection with Telhara P.S. Case No. 115 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Dr. Anshuman, J) Mkr./- U T