Sunni Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89055 of 2024 Arising Out of PS. Case No.-13 Year-2024 Thana- NTPC District- Patna ====================================================== 1.

Sunni Kumar Son of Ram Pravesh Yadav village- Dhivar, Chaklapar, PsNTPC, Dist- Patna 2.

Suraj Kumar son of Ram Pravesh Yadav village- Dhivar, Chaklapar, PsNTPC, Dist- Patna 3.

Saurav Kumar son of Ram Pravesh Yadav village- Dhivar, Chaklapar, PsNTPC, Dist- Patna 4.

Rudal Yadav son of Rajendra Yadav village- Dhivar, Chaklapar, Ps- NTPC, Dist- Patna 5.

Mukesh Yadav son of Rajendra Yadav village- Dhivar, Chaklapar, PsNTPC, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioners :

Ms. Kumari Pallavi, Advocate For the State :

Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-01-2025 Heard learned counsels for the parties.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 307, 504, 379 and 34 of the Indian Penal Code.

3. The prosecution case, in brief, is that on 17.01.2024 at 5:30 PM, while the informant was returning home from his shop in the meantime, all the F.I.R. named accused persons, including these petitioners, surrounded and assaulted him with iron rod due to which he sustained injuries on the head and fell

Patna High Court CR. MISC. No.89055 of 2024(2) dt.29-01-2025 2/3 down. It is further alleged that they also took away mobile phone from his pocket.

4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are innocent and have committed no offence. As a matter of fact, both parties are covillagers and due to land dispute over path way, this false and concocted case has been lodged. Allegation of assault is general and omnibus and there is no specific accusation of overt act against these petitioners. Though as per F.I.R., all 6 F.I.R. named accused persons are alleged to have assaulted the informant but doctor has found only two injuries on the person of the informant which itself falsifies the entire prosecution case.

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

6. Considering the aforesaid facts and circumstances and general and omnibus nature of accusation, the prayer for grant of anticipatory bail to the petitioners is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs.

Patna High Court CR. MISC. No.89055 of 2024(2) dt.29-01-2025 3/3 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st, Barh, District- Patna in connection with N.T.P.C. P.S. Case No. 13 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashank/- U T