Kalmark Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60945 of 2017 Arising Out of PS.Case No. -42 Year- 2017 Thana -DANDARI District- BEGUSARAI ====================================================== Kalmark Kumar, Son of Sachidanand Mahto, Resident of Village Kotarmala, P.S. Dandari, District - Begusarai. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Surendra Kishore Thakur For the Opposite Party/s : Mr. Chandrasen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 19-12-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Dandari P.S. Case no. 42 of 2017, registered under Sections 341, 323, 307, 379 and 504/34 of the Indian Penal Code. The accusation is that while informant was going for preparation of his Aadhar Card at the authorized shop of Bechan Yadav then in the way four persons named in the F.I.R. including the petitioner, stopped the informant Ravish Kumar and started to abuse without any reason, when informant made protest then Aman Kumar started to cause injury through lathi in which he sustained injury at his head and fell down and at that time his Micromax Mobile and Rs. 2000/- has been taken by them.

Learned counsel for the petitioner submits that petitioner and informant are residents of same village and they have falsely been

Patna High Court Cr.Misc. No.60945 of 2017 (2) dt.19-12-2017 2/2 implicated in this case without any specific overt act. Moreover, while the injuries alleged to be caused by co-accused Aman Kumar at the head of the informant, but the said injury is of simple in nature. The allegation of snatching mobile and Rs. 2000/- has been made only to make the case non-bailable.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the A.D.J.M. Begusarai in connection with Dandari P.S. Case No. 42 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T