Arun Kunwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7687 of 2024 Arising Out of PS. Case No.-458 Year-2023 Thana- PARBATTA District- Khagaria ====================================================== 1.

Arun Kunwar S/O Late Nunu Babu Kunwar R/O Village- Kabela, P.SParbatta, Distt.- Khagaria. 2.

Ajay Kunwar @ Ajay Kumar S/O Late Nunu Babu Kunwar R/O VillageKabela, P.S- Parbatta, Distt.- Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amar Kumar Singh For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-02-2024 Heard learned counsel for the petitioners, informant and learned APP for the State.

2. The petitioners have prayed for regular bail in a case instituted for the offence under Sections 323, 341, 324, 307, 354B, 504/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The allegation against the petitioners along with others is of assaulting the informant and his father due to which they sustained injury. It is further alleged that the accused persons have also made fired upon them.

4. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case due to

Patna High Court CR. MISC. No.7687 of 2024(2) dt.20-02-2024 2/2 old dispute. They have committed no offence. He submitted that there is previous enmity between the parties due to land dispute. There is general and omnibus allegation against the petitioners. There is a case and counter case between the parties. Members of both parties have sustained injury as alleged in a separate occurrence. He further submitted that no one sustained gun-shot injury in the alleged firing. They are languishing in judicial custody since 01.11.2023.

5. The application for bail is opposed by learned APP for the State and learned counsel for the informant.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Court concerned in connection with Parbatta P.S. Case No. 458 of 2023.

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