Kundan Kumar @ Kundan Kumar Singh @ Kundan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1045 of 2020 Arising Out of PS. Case No.-8 Year-2020 Thana- VIDYAPATINAGAR District- Samastipur ====================================================== Kundan Kumar @ Kundan Kumar Singh @ Kundan Singh Son of Sunil Kumar Singh @ Fudo Singh Resident of Village - Harpur Bochha, P.S.- Vidyapati Nagar, District- Samastipur.

... ... Appellant

Versus

The State of Bihar ... ... Respondent ====================================================== Appearance :

For the Appellant :

Mr.Dhananjai Kumar Singh, Advocate For the Respondent :

Mr.Binay Krishna, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 01-06-2020 Heard learned counsel appearing on behalf of the appellant and learned counsel appearing on behalf of the State. This appeal is directed against the order dated 15.02.2020 passed by Additional District Judge 1st-cumSpecial Judge, Samastipur in connection with Vidyapati Nagar P.S. Case No. 08 of 2020 for the offence under Sections 147, 148, 149, 323, 341, 354B/34 and 307 of the Indian Penal Code and Section 3(i) (r)(s)(w) and 3(2)(va) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act. The allegation against the appellant is that he along with 11-12 unknown persons surrounded son, daughter, nephew of the informant and injured them. The allegation against this appellant is that he caused injury to Punam Kumari from the butt of the pistol and pushed Ritu Kumari on the ground by

Patna High Court CR. APP (SJ) No.1045 of 2020(3) dt.01-06-2020 2/2 catching her hair and abused them by calling their caste name. The appellant is in custody since 03.01.2020. Considering the totality of the fact including the fact that the allegation of assault on the injured is by the butt of the pistol and not by pistol, the Court is inclined to allow the appeal. Accordingly, the order dated 15.02.2020 by Additional District Judge 1st-cum-Special Judge, Samastipur in connection with Vidyapati Nagar P.S. Case No. 08 of 2020 is set aside. The Appeal is allowed. The appellant is directed to be released on bail on furnishing bail bond of Rs.

25,000/- (Rupees twenty five thousand) with two sureties of the like amount to the satisfaction of learned Additional District Judge 1st-cum-Special Judge, Samastipur in connection with Vidyapati Nagar P.S. Case No. 08 of 2020, subject to the condition that the appellant shall render his service as volunteer in the District Health Centre for a period of three months in dedicated Covid hospital. He is required to report the District Nodal Officer in the concerned region who shall utilise the service of the appellant appropriately.

(Anil Kumar Upadhyay, J) BT/- U