Kundan Kunwar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5208 of 2015 Arising Out of PS.Case No. -170 Year- 2012 Thana -KHAJAULI District- MADHUBANI ======================================================
1. Kundan Kunwar S/O Sri Arun Kunwar@Gopal Kunwar Resident of villTerapatti,P.S-Khajauli,Distt.-Madhubani .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.5290 of 2015 Arising Out of PS.Case No. -170 Year- 2012 Thana -KHAJAULI District- MADHUBANI ======================================================
1. Krishna Kumar Singh @ Parnami Singh Son of Tej Narayan Mahto Resident of vill-Kanhauli Turha Tola,P.S-Khajauli,Distt.-Madhubani .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.5208 of 2015) For the Petitioner/s : Mr. Shailesh Kumar, Advocate. For the Opposite Party/s : Mr. Anil Kumar(App) (In Cr.Misc. No.5290 of 2015) For the Petitioner/s : Mr. Pravin Kumar, Advocate. For the Opposite Party/s : Mr. M.Rab (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-02-2015 Since both the cases have arisen out of one occurrence, they are being disposed of by this common order. Heard both sides.
The petitioners apprehend their arrest in Khajauli P.S. Case No. 170 of 2012, corresponding to Sessions Trial No. 351 of 2014, registered for the offences punishable under Sections 307,
Patna High Court Cr.Misc. No.5208 of 2015 (3) dt.13-02-2015 2/3 436 and other Sections of the Indian Penal Code. The FIR was lodged against 2000 unknown students and others anti-social elements. One Prashant Kumar is said to have eloped with a girl and after few days dead body of an unknown person was recovered for that many villagers, students made protest for handing over the dead body and some vandalism took place in which the block office was ransacked and many public properties were damaged.
Learned counsel for the petitioners submits that the petitioners are not named in the FIR. No specific allegation is made against the petitioners. Name of the petitioners figured in the case during course of investigation.
Considering the facts aforesaid and the fact that the name of the petitioners did not figure in the FIR and during course of investigation name of the petitioners have come but without specific allegation, the petitioners, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate/learned Additional Sessions Judge III, Madhubani in
Patna High Court Cr.Misc. No.5208 of 2015 (3) dt.13-02-2015 3/3 connection with Khajauli P.S. Case No. 170 of 2012, corresponding to Sessions Trial No. 351 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Jha, J.) KKSINHA/- U T