Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 82845 of 2024 Arising Out of PS. Case No.-249 Year-2024 Thana- TEKARI District- Gaya ====================================================== Sonu Kumar Son of Shiyasharan Yadav @ Shiya Sharan Yadav R/O Vill.- Bhaismara, P.S.- Tekari, Dist.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aryan Singh, Adv.

For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 10-12-2024 Heard learned counsel for the petitioner and Mr. Chandra Sen Prasad Singh, learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Tekari P.S. Case No. 249 of 2024 instituted for the offences under Sections 341, 323, 353, 506 and 34 of the Indian Penal Code.

3. The case of the prosecution is that one tractor was intercepted by police which was being driven by the petitioner. It is further alleged that the petitioner disclosed that the tractor belongs to Shyama Kant Yadav and he made a call, thereafter, the brother of Shyama Kant Yadav along with 8 to 10 persons arrived there and assaulted the informant due to which the informant and Prem Kant Yadav (chaukidar) sustained injuries.

4. Learned counsel for the petitioner argued that from

Patna High Court CR. MISC. No. 82845 of 2024(2) dt.10-12-2024 2/2 the perusal of the FIR, it is clear that no specific overt alleged against this petitioner rather he is only the driver of the said tractor and the only allegation against him is that he made a call. Moreover, the petitioner having no criminal antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, in the event of arrest/surrender before the learned Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Gaya in connection with Tekari P.S. Case No. 249 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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