Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14721 of 2025 Arising Out of PS. Case No.-211 Year-2024 Thana- PHULWARIA District- Begusarai ====================================================== Kundan Kumar S/O Late Ram Choudhary R/O Village- Phulwaria- 3, P.S.- Barauni, Dist.- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 28-03-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with in a case registered under Sections 126(2), 115(2), 303(2), 109, 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita.

3. As per prosecution case, on 01.12.2024 at about 9:30 pm, informant's sons, namely, Sonu Kumar and Vicky Kumar alongwith one Pardeep Kumar were going to attend marriage ceremony, in the meantime this petitioner alongwith other co-accused persons surrounded them and started abusing them and when they opposed not to abuse then all accused persons assaulted them, due to which they sustained injuries.

4. Learned counsel for the petitioners submits that petitioner is innocent and has falsely been implicated in this case. Allegation of assault is general and omnibus. Further

Patna High Court CR. MISC. No.14721 of 2025(2) dt.28-03-2025 2/2 submission is that there is no specific allegation against this petitioner except that he is a member of mob. Injuries to the injured are simple in nature caused by hard and blunt substance. Petitioner has got 3 criminal antecedents in which 2 are of Excise Act and in all the three cases, petitioner is on bail. Petitioner undertakes to cooperate in the investigation and the trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned Chief Judicial Magistrate/Incharge Court, Begusarai in connection with Phulwaria P.S. Case No. 211 of 2024, subject to the conditions as laid down under Section 482(2) of the B.N.S.S., 2023.

(Sunil Dutta Mishra, J) utkarsh/- U T