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Patna High CourtCR. MISC./99/2024allowed

Sonu Yadav v. The State Of Bihar

2024-01-29Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.99 of 2024 Arising Out of PS. Case No.-221 Year-2021 Thana- MANJHI District- Saran ====================================================== Sonu Yadav Son Of Manager Yadav Resident Of Village /MOHALLA - Kabir Par Ke Mathiya, Police Station - Manjhi, District - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Yadav For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 341, 323, 324, 379, 504, 506, 307/34 of the Indian Penal Code.

As per allegation in the FIR, petitioner along with other co-accused persons assaulted the informant by means of several weapons. Allegation against the petitioner is that he assaulted the informant by means of Garasa due to which informant sustained head injuries. It is further alleged that when family members of the

Patna High Court CR. MISC. No.99 of 2024(2) dt.29-01-2024 2/3 informant came to his rescue, they were also assaulted by accused persons. Co-accused Suganti Devi snatched gold Jiutiya from the neck of informant's aunt and coaccused Sunaina Devi snatched gold ear tops from the possession of informant's mother.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case due to previous grudge and enmity. Both parties are neighbors and there is case and counter case between them. It is further submitted that during course of dispute and Marpit, the informant slipped and fell down in the drain filled with rainy water and due to this he became injured. Moreover, the petitioner is languishing in judicial custody since 04.09.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties

Patna High Court CR. MISC. No.99 of 2024(2) dt.29-01-2024 3/3 and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Manjhi P.S. Case No. 221 of 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Chapra, Saran.

(Sunil Kumar Panwar, J) Nirajkrs/- U T