Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83821 of 2019 Arising Out of PS. Case No.-236 Year-2019 Thana- DEEPNAGAR District- Nalanda ====================================================== SONU KUMAR Son of Nago Singh Resident of Village - Tungi, P.S.- Deepnager, Distt.- Nalanda at Biharsharif.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar Pandey For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-01-2020 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Deepnagar P.S. Case No. 236 of 2019 for the offence registered under Sections 147, 148, 149, 341, 323, 324, 307, 352, 334, 338, 224 and 225 of the Indian Penal Code and Section 27 of the Arms Act.

The allegation is regarding the accused persons having attacked the Police party and having managed to get the coaccused person, namely, Ajay Kumar released from their custody whereafter, the said Ajay Kumar is stated to have went to his house and had come back armed with a country made pistol whereupon, he had fired upon the informant, however, subsequently additional force had come and thereafter his life was saved.

The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case and he is having a clean antecedent. It is further submitted that no specific allegation of any overt act has been levelled as against the

Patna High Court CR. MISC. No.83821 of 2019(3) dt.21-01-2020 2/2 petitioner, however, the petitioner is ready to abide by such terms and conditions as may be deemed fit and proper to be imposed by this Court.

Having regard to the facts and circumstances of the case and considering the submissions of the learned counsel for the petitioner, I deem it fit and proper to direct the petitioner to be admitted to the privilege of anticipatory bail subject to deposit of a sum of Rs. 10,000/- with the Nazarat of the learned Civil Court, Naland at Bihar Sharif.

Accordingly, the petitioner, above named, is directed to be released on anticipatory bail in the event of his arrest/surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda, Bihar Sharif in connection with Deepnagar P.S. Case No. 236 of 2019 subject to the conditions as stipulated under Section 438(2) of the Code of Criminal Procedure as also subject to deposit of a sum of Rs. 10,000/-, as aforesaid. (Mohit Kumar Shah, J) S.Sb/- U T