Sunny Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89382 of 2024 Arising Out of PS. Case No.-759 Year-2024 Thana- KADAMKUAN District- Patna ====================================================== Sunny Kumar Son of Raj Kumar Ram@ Raj Kumar Resident of VillLohanipur Khadpar, P.S.- Kadmkuan, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jay Ram Prasad, Adv.
For the Opposite Party/s :
Mr.Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 19-04-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends arrest in connection with Kadamkuan PS Case No. 759 of 2024 dated 06-10-2024, instituted under Sections 126(2), 118(1) and 109(2) of the Bharatiya Nyaya Sanhita,2023.
3. The allegation against the petitioner is that he inflicted a knife blow injury on the thigh of the informant's nephew, and when the informant tried to save her nephew, she too was assaulted. The name of the petitioner disclosed by the villagers.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. It is submitted that the petitioner and the informant
Patna High Court CR. MISC. No.89382 of 2024(3) dt.19-04-2025 2/3 are residents of the same locality, situated behind Vaishali Cinema Hall, Kadamkuan, Patna. It is further submitted that the First Information Report (FIR) has been lodged after an unexplained delay of three days from the date of the alleged occurrence. The injured was examined by the doctor on 10.01.2025 at a private nursing home, where the doctor found a healed scar over the left upper thigh, measuring 1⁄2 inch in length, and opined the nature of the injury to be non-grievous. It is also submitted that the informant is well acquainted with the petitioner, as both are residents of same locality. The place of occurrence, being near the petitioner's house, is mentioned in paragraph 4 of the case diary. Lastly, it is submitted that the petitioner has no criminal antecedents.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate First Class-XIV, Patna, in Kadamkuan PS Case No. 759 of 2024, subject to the conditions laid down in
Patna High Court CR. MISC. No.89382 of 2024(3) dt.19-04-2025 3/3 Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita 2023.
7. The application stands allowed.
(Khatim Reza, J) shyambihari/- U T