Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19460 of 2016 Arising Out of PS.Case No. -165 Year- 2015 Thana -BEUR District- PATNA ====================================================== Kundan Kumar, son of Ramjee Prasad alias Ramjee Singh, resident of Mohalla Mahavir Asthan, Gaya P.S.- Civil Line, District- Gaya, At Present residing in the Houre Prem Dhar Rai, Mohalla- Sipara, Dih, P.S.- Beur, District- Patna.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Ghosarvey For the Opposite Party/s : Mr. Shyam Bihari Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-05-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Beur P.S. Case No. 165 of 2015, registered under Section 307 and 379 of the Indian Penal Code and Section 27 of the Arms Act. The accusation is that on 13.08.2015 petitioner came at the house of the informant and made query about his elder brother on which informant replied that his brother is not in the house. Thereafter, the informant was accompanied by this petitioner on the pretext of urgent work, where he was offered for meal, but he refused to do so. Thereafter, petitioner asked to give his mobile when the informant refused at that time petitioner shot fire, which hit his elbow and he fell down.

Patna High Court Cr.Misc. No.19460 of 2016 (3) dt.16-05-2016 2/2 Learned counsel for the petitioner submits that the petitioner is the co-villager of the informant has falsely been implicated in this case. Further submission is that, in fact, informant tried to outrage the modesty of sister of the petitioner on the point of pistol, on protest the pistol which was kept by the informant misfired which hit his elbow. The petitioner having no criminal antecedent is in custody since 17.08.2015. Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge-IX, Patna in connection with Beur P.S. Case No. 165 of 2015 (S.T. Case No. 914 of 2015).

(Rajendra Kumar Mishra, J) manish/- U T