Nand Kishor Kunwar @ Nand Kishor Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47829 of 2018 Arising Out of PS.Case No. -188 Year- 2018 Thana -PARWATTA District- KHAGARIA ====================================================== Nand Kishor Kunwar @ Nand Kishor Kumar, S/o Late Mishri Kunwar, R/o Village- Kabela Ward No. 7, P.S.- Parbatta, District- Khagaria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar Choudhary, Advocate For the Opposite Party/s : Mr. Shailendra Kumar -1, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 16-08-2018 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 31.05.2018 in connection with Parbatta P.S. Case No.188 of 2018 registered for the offence under Sections 147, 148, 149, 323, 324, 307 of the Indian Penal Code.

Learned counsel for the petitioner submits that there is a case and counter case between the parties and the injuries are said to have been inflicted on both sides. It is further submitted that the petitioner has also been injured in the counter attack, which is apparent from Annexure 2 to the present bail application. It is further submitted that the injuries, which have been attributed to the petitioner as well as one Sajay

Patna High Court Cr.Misc. No.47829 of 2018 (2) dt.16-08-2018 2/2 Kumar, have been inflicted on Chintu Kumar and it cannot be said that as to whether it was the petitioner who had actually attacked the said Chintu Kumar. It is further submitted that the petitioner has no criminal antecedent and there was no repetition of blows so as to attract the provisions of Section 307 I.P.C.

In view of the aforementioned facts and circumstances and there has been land dispute between the parties, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Khagaria, in connection with Parbatta P.S. Case No.188 of 2018.

(Anjana Mishra, J) PNM U T