Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16219 of 2023 Arising Out of PS. Case No.-132 Year-2020 Thana- BHAGWANPUR District- Vaishali ====================================================== 1.

KUNDAN KUMAR S/O RAM ISHWAR SAH @ RAM EASHVAR SAH @ RAMEESWAR SAH R/v- Asoi Lachhi Ram, P.S.- Bhagwanpur, DistrictVaishali 2.

CHHOTU SAH @ CHOOTU KUMAR SAH S/O RAM ISHWAR SAH @ RAM EESHVAR SAH R/v- Asoi Lachhi Ram, P.S.- Bhagwanpur, DistrictVaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjit Kumar Thakur, Advocate For the Opposite Party/s :

Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-04-2023 Heard learned counsel for the petitioners and the State.

Petitioners apprehend their arrest in a case registered for the offence punishable under sections 341, 323, 324, 307, 385, 354, 504/34 of the Indian Penal Code.

As per the prosecution case all FIR named accused persons including these petitioners assaulted informant on his head by sharp cut weapon, causing head injury. When his family members came to save him, they were also assaulted by the accused persons.

It is submitted by the learned counsel for the petitioners that allegation made by informant against the petitioners is false, fabricated and baseless. Earlier informant

Patna High Court CR. MISC. No.16219 of 2023(3) dt.05-04-2023 2/2 and their family members tried to grab the land of petitioners and had assaulted petitioners and their family members for that petitioner No.1 lodged a case bearing Bhagwanpur P.S. Case No. 130 of 2020 for the offence punishable under section 147, 148, 149, 341, 323, 324, 307, 379, 504 and 506 of I.P.C against the informant. Petitioners have got no criminal antecedent. Learned counsel for the State opposed the bail petition.

Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioners, as named above, be enlarged 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, Vaishali at Hajipur in Bhagwanpur P.S. Case No. 132 of 2020 subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Kaushik/- U T