Sonu Kumar Vs The State of Bihar

====================================================== Appearance : For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate Mr. Dhananjay Kumar Gupta, Advocate For the Opposite Party/s : Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

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2 17-02-2024

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Heard learned counsel for the petitioner and learned APP

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for the State.

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In this case, the petitioner is apprehending his arrest in connection with Mehsi P.S. Case No. 127 of 2023, registered for the offences under Sections 341, 323, 307, 379, 504 and 506/34 of the Indian Penal Code.

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As per prosecution case, petitioner and other coaccused persons assaulted the wife of the informant with lathi , danda and farsa causing fracture of her head when she forbade the assailants from encroaching upon her land.

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Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. No occurrence as alleged has ever taken place. From the FIR, it is evident that there is land dispute between the parties. The FIR has

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Patna High Court CR. MISC. No.6982 of 2024(2) dt.17-02-2024 2/3

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been registered after four days of occurrence for which there is no explanation. The petitioner and the informant come from the same family and are agnates and a land dispute is going on between them. The present case is counter blast of Mehsi P.S. Case No. 130 of 2023. Learned counsel further submits that there was no intention to cause death and the injuries are non-serious. One injury is laceration of 3”x0.5” on left parietal part of the head and another is laceration of 2”x0.5”x0.5” on nose. Allegations are general and vague and there is no specific allegation against the petitioner for causing injury. Petitioner is having clean antecedent.

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Learned APP opposes the prayer for anticipatory bail.

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Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the non-serious nature of injury and further considering non-specific nature of allegation coupled with possibility of false implication and also considering the case and counter case between the parties, let the petitioner above named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari/court concerned in connection with Mehsi P.S. Case No. 127 of 2023, subject to the

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Patna High Court CR. MISC. No.6982 of 2024(2) dt.17-02-2024 3/3

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conditions as laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions:

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(i) One of the bailors will be a close relative of the

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petitioner.

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(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

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(Arun Kumar Jha, J)