Sunny Kunwar @ Sabiraj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76796 of 2024 Arising Out of PS. Case No.-125 Year-2024 Thana- BRAHMPUR District- Buxar ====================================================== 1.

Sunny Kunwar @ Sabiraj S/O Upendra Kunwar Resident of village Gaighat ,P.S.- Brahampur, District- Buxar.

2.

Ram Tikal Kunwar S/O Upendra Kunwar Resident of village Gaighat ,P.S.- Brahampur, District- Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Pradhan For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-01-2025 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 147, 148, 149, 341, 323, 379, 427, 452, 504, 506, 325, 354, 307 of the IPC.

3.

Allegedly, all the FIR named accused persons including the petitioners are said to have assaulted the informant and his family members brutally with deadly weapons due to which they sustained injuries.

4.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. No such occurrence as alleged has ever taken place. They have

Patna High Court CR. MISC. No.76796 of 2024(2) dt.17-01-2025 2/3 been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is totally false and based on concocted facts. There is admitted land dispute between the parties. Both sides have filed cases against each other. The injuries sustained by the injured were found simple in nature except the injuries to one Shankar Dayal Choudhary, who sustained two grievous injuries. It is further submitted that nothing specific has been attributed against the petitioners. They are not the author of the grievous injuries. Similarly situated coaccused have been enlarged on bail by this court vide order dated 24.07.2024 passed in Cr. Misc. No. 45955 of 2024. Learned counsel further submits that petitioners have no criminal antecedent as mentioned in para-3 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, as there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of their 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 Thousand) each 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

Patna High Court CR. MISC. No.76796 of 2024(2) dt.17-01-2025 3/3 with Brahmpur P.S. Case No.125 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T