Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82843 of 2024 Arising Out of PS. Case No.-134 Year-2023 Thana- KASIMBAZAR District- Munger ====================================================== Sonu Kumar S/o Parmanand Mandal R/o Mohalla - Kasim Bazar Brahmasthan, P.S. - Kasim Bazar, Distt.- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Puja Kumari, Adv.

For the Opposite Party/s :

Ms.Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Kasim Bazar P.S. Case No. 134 of 2023 instituted for the offences under Sections 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per prosecution case, the victim has been assaulted by fire-arm which hit on his stomach.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. The petitioner is not named in the F.I.R. and his name has surfaced in this case in course of investigation on the basis of

Patna High Court CR. MISC. No.82843 of 2024(2) dt.03-12-2024 2/3 the re-statement of the Informant which was recorded in Para 44 of the case diary. There is no eye-witness to the alleged occurrence. There is no direct or specific allegation of any overt act against the petitioner rather the same is general and omnibus in nature. The specific allegation of firing is against the coaccused Golu Mandal. The petitioner has no concern with the alleged occurrence. The petitioner has three criminal antecedents in which he is on bail and is languishing in judicial custody since 22.07.2024 without any rhymes or reason.

5. Learned counsel for the petitioner again submits that the co-accused namely Kisan Mandal has already been granted bail by this Court vide order dated 21.12.2023 passed in Cr. Misc. No. 66680 of 2023.

6. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case and taking into account the period of custody of the petitioner as also there being no specific allegation of assault against the petitioner, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.82843 of 2024(2) dt.03-12-2024 3/3 below/concerned Court in connection with Kasim Bazar P.S. Case No. 134 of 2023.

(Rudra Prakash Mishra, J) rishi/- U T