Kunal Singh @ Bambam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18462 of 2016 Arising Out of PS.Case No. -298 Year- 2015 Thana -CHATOUNI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Kunal Singh @ Bambam son of Shri Lallan Pandey, Resident of MohallaBhawanipur Jiraat, P.S.- Chhatauni, District- East Champaran .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sanjay Kumar No.-7, Advocate. For the Opposite Party : Mr. Ambika Bhagat, Spl. A.P.P. ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 05-05-2016 Heard learned counsel for the petitioner and Special A.P.P for SC/ST Atrocities Act.

The Petitioner apprehends his arrest in connection with Chhatauni P.S. Case No. 298 of 2015 registered for offences punishable under Sections 341, 323, 307, 379, 504/34 of the Indian Penal Code and Section 3(i)(X)(V) of the SC/ST Act. As per allegation in the F.I.R, the petitioner has assaulted the informant by dagger which hit the informant on head causing injury. However, there is also an allegation upon coaccused, Kisan, of having assaulted him by rod. It is stated that the injury report shows two simple injury caused by hard and blunt substance has been shown that there is no incised wound of dagger injury. That apart it is also stated that though the occurrence has taken place on 30.11.2015 as per the F.I.R but the injury report

Patna High Court Cr.Misc. No.18462 of 2016 (2) dt.05-05-2016 2/2 shows that informant was examined on 29.11.2015, which gives a fatal blow to the entire story. It is also stated that the petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail in the event of arrest/surrender before the Court below within a period of six weeks from today in Chhatauni P.S. Case No. 298 of 2015, on furnishing bail bond of Rs. 10,000/- (Ten Thousand Rupees) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of criminal Procedure. (Dr. Ravi Ranjan, J) Mishra/- U T