Patna High CourtCR. MISC./4482/2024bail granted

Sunil Kumar v. The State Of Bihar

2024-02-02Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4482 of 2024 Arising Out of PS. Case No.-266 Year-2023 Thana- CHANDI District- Bhojpur ====================================================== Sunil Kumar S/O Ram Babu Rai @ Ram Babu Singh R/O Village- Khangaon, P.S- Chandi, Distt.- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Alka Singh, Adv.

For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Chandi P.S. Case No. 266 of 2023 instituted for the offences under Sections 147, 148, 149, 341, 307, 506 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per prosecution case, there is an indiscriminate firing between both sides due to which the Informant sustained three bullet injuries on his body. It has been alleged that due to supremacy over the contract of Sand Ghat, accused/Ranjit Choudhary along with his henchman has assaulted the Informant.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.4482 of 2024(2) dt.02-02-2024 2/2 petitioner is innocent and has falsely been implicated in the present case. He further submits that there is a case and counter case between the parties which is lodged by co-accused Prakash Choudhary vide Chandi P.S. Case No. 265 of 2023 in which case, the petitioner sustained severe injury. He submits that there is nothing specific against the petitioner rather the same is general and omnibus against the petitioner. The petitioner has one criminal antecedent in which he is on bail. The petitioner is languishing in judicial custody since 24.10.2023.

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

6. Considering the entire facts and circumstances of the case and 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 below/concerned Court in connection with Chandi P.S. Case No. 266 of 2023.

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