Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46306 of 2018 Arising Out of PS.Case No. -299 Year- 2017 Thana -DULHIN BAZAR District- PATNA ======================================================

1. Kundan Kumar Son of Kamakhya Yadav Resident of Village - Sadawah, P.S. - Dulhin Bazar, District - Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Sinha, Advocate For the Opposite Party/s : Mr. Bal Mukund Prasad Sinha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-08-2018 Heard the parties. The petitioner seeks anticipatory bail in connection with Dulhin Bazar P.S. Case No. 299 of 2017, registered for offences punishable under Sections 341, 323, 325, 307, 379 and 504/34 of the Indian Penal Code.

As per F.I.R., allegation against the petitioner is of assault brutally with lathi and danda to the informant, causing injury. Submission of the learned counsel for the petitioner is that there is no specific allegation of assault on any part of the petitioner, rather it is general and omnibus in nature and the petitioner has no criminal antecedent. It is also submitted that the similarly situated other co-accused person has been granted anticipatory bail by a Co-ordinate Bench of this Court vide order

Patna High Court Cr.Misc. No.46306 of 2018 (2) dt.09-08-2018 2/2 dated 11.07.2018 passed in Cr. Misc. No. 40195 of 2018. Learned A.P.P. opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioner, above named on surrender or arrest within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate- III, Danapur, in connection with Dulhin Bazar P.S. Case No. 299 of 2017, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. with condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(Vinod Kumar Sinha, J) Sudha/-sunil U T