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Patna High CourtCR. MISC./78326/2024allowed

Sonu Chaudhary @ Sonu Kumar v. The State Of Bihar

2024-11-29Mr. Justice Ashok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78326 of 2024 Arising Out of PS. Case No.-73 Year-2024 Thana- ROSHANGANJ District- Gaya ====================================================== Sonu Chaudhary @ Sonu Kumar Son of Krishna Chaudhary @ Krishna Mallah R/O Vill.- Itwan, P.S.- Roshanganj, Dist.- Gaya ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 29-11-2024 Heard learned counsel for the petitioner and Mr. Mr. Shailendra Kumar, learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Raushanganj P.S. Case no. 73 of 2024 instituted for the offence under Sections 341, 323, 448, 504, 506 and 307/34 of the Indian Penal Code.

3. The case of the prosecution is that the informant was returning home after grazing cattle. Meanwhile his covillagers fell in the drain, seeing the accident, informant came to his house meanwhile the petitioner alongwith other accused persons enter the house of the informant and assaulted him with slap, fits and bricks. Specific allegation against the petitioner is

Patna High Court CR. MISC. No.78326 of 2024(2) dt.29-11-2024 2/3 that he has assaulted with Kada which he has worn in his hand out of which the informant received injury on his head and nose.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. During the course of argument, learned counsel for the petitioner has submitted that the occurrence was due to a trivial issue and it transpires from the order of the trial court that the nature of the injury is simple. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Raushanganj P.S. Case No. 73 of 2024, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M.-1st Class, Sherghati, Gaya

Patna High Court CR. MISC. No.78326 of 2024(2) dt.29-11-2024 3/3 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) Suruchi/- U T