Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1565 of 2020 Arising Out of PS. Case No.-87 Year-2019 Thana- RUPAULI District- Purnia ====================================================== 1.

Kundan Kumar S/o Mithilesh Kumar R/o village- Rupauli, P.S.- Bhawanipur, District- Purnia 2.

Nitin Kumar S/o Mithilesh Kumar R/o village- Rupauli, P.S.- Bhawanipur, District- Purnia .. ... Petitioners

Versus

The State of Bihar ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr.Sudhir Kumar Thakur, Advocate For the Opposite Party :

Mr.Nagendra Prasad, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-02-2020 Heard learned counsel for the petitioners as well as learned counsel for the State.

Petitioners apprehend arrest in a case registered for the offences punishable under Sections 307/379 and other allied sections of the Indian Penal Code.

Learned counsel for the petitioners submits that there is a case and counter case, specific allegation is against coaccused Mithilesh Kumar and there is general and omnibus allegation against the petitioners. There is land dispute between the parties. Petitioners have got no criminal antecedent. Considering the facts of the case, let the petitioners, above named, in the event of arrest/surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnea in Rupauli Police Station Case No. 87 of 2019 on the following conditions:-

Patna High Court CR. MISC. No.1565 of 2020(2) dt.24-02-2020 2/2

(1) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below.

(2) If the petitioners tamper with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T