IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41251 of 2021

Arising Out of PS. Case No.-137 Year-2019 Thana- BANGAWON District- Saharsa

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SONU KUMAR S/o Chandra Yadav @ Chandra Kishore Yadav @ Chander

Yadav Resident of Village- Balha, P.S.- Bangaon, District- Saharsa.

... ... Petitioner/s

Versus

The State of Bihar Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Mr. Krishna Prasad Singh, Sr. Advocate

For the informant

:

Mr. Shailendra Kumar Singh, Advocate

For the State

:

Mr. Ajit Kumar, A.P.P.

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA

ORAL ORDER

3

29-09-2021

Heard Mr. Krishna Prasad Singh, learned senior

counsel for the petitioner, Mr. Shailendra Kumar Singh, learned

counsel for the Informant and Mr. Ajit Kumar, learned

Additional Public Prosecutor for the State.

Petitioner seeks regular bail in connection with

Sessions Trial No. 75 of 2021 arising out of Bangaon P.S. Case

No. 137 of 2019 for the offences punishable under Sections 307,

379, 147, 341, 323, 324, 504 of the Indian Penal Code, 1860 and

Section 27 of the Arms Act.

This is second attempt for grant of regular bail on

behalf of the petitioner inasmuch as earlier the bail application

of the petitioner was rejected by this Court vide order dated

12.01.2021 passed in Cr. Misc. 30125 of 2020 with liberty to

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renew his prayer for grant of regular bail after six months.

The allegation as per the First Information Report is

that the petitioner allegedly fired upon the informant’s brother

namely, Kari Yadav which caused firearm injury on the left side

of the chest of the deceased.

Learned senior counsel for the petitioner submits that

the petitioner has falsely been implicated in this case due to land

dispute and there is unexplained delay in lodging the First

Information Report inasmuch as the occurrence took place on

3.12.2019 and First Information Report has been lodged after

delay of four days i.e. on 7.12.2019. Learned counsel further

submits that as per allegation the firing allegedly made by the

petitioner hit the left side of the chest of the deceased but, as per

the postmortem report the bullet injury was found in the right

side of the abdomen.

On the other hand, learned counsel for the informant

vehemently opposes the prayer for regular bail and submits that

the informant is an eye witness and there is specific allegation

against the petitioner that he fired upon the brother of the

informant due to which he died.

Regards being had to the submission made by the

parties and taking into consideration the materials on record, the

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fact that the First Information Report has been lodged after

delay of four days without any explanation and there appears to

be a land dispute between the parties, the petitioner is in custody

since 10.12.2019 and this is second attempt for grant of regular

bail on behalf of the petitioner as well as the trial is not likely to

be concluded as per the report submitted by the learned trial

court in near future, I am inclined to grant regular bail to the

petitioner.

Accordingly, let the petitioner, above named, be

released on regular bail on furnishing bail bonds of Rs.20,000/-

(Twenty thousand) with two sureties of the like amount each

to the satisfaction of learned Sessions Judge, Saharsa, in

connection with Sessions Trial No. 75 of 2021 arising out of

Bangaon P.S. Case No. 137 of 2019.

It is made clear that at the time of furnishing bail

bonds all the parties shall follow the guidelines regarding social

distancing.

S.Ali/-

(Anil Kumar Sinha, J)

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