Kundan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20525 of 2022 Arising Out of PS. Case No.-486 Year-2020 Thana- TEKARI District- Gaya ====================================================== 1.
Kundan Kumar S/o Kauleshwar Prasad Singh Resident of VillageChitokhar, P.S.- Tekari, District- Gaya. 2.
Sundan Kumar S/o Kauleshwar Prasad Singh Resident of VillageChitokhar, P.S.- Tekari, District- Gaya. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Binod Kumar For the Opposite Party/s :
Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-09-2022 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners apprehend their arrest in Tekari P.S. Case No. 486 of 2020, registered for the offences punishable under Section 307 and other allied sections of the Indian Penal Code.
Prosecution case in brief is that on 27.09.2020 at about 7.00 am while the informant was returning from petrol pump, all the FIR named accused persons including petitioners intercepted him and Sundan Kumar petitioner no. 2 assaulted him by lathi on his right hand, as a result of which he fell down. Thereafter, all the accused persons assaulted him. It is further alleged that petitioners tried to strangulate the informant. It is submitted that there is case and counter case.
Patna High Court CR. MISC. No.20525 of 2022(2) dt.01-09-2022 2/2 Both parties are own brothers. Present case has been lodged in retaliation of Tekari PS Case No. 415 of 2020 by the petitioner's side.
However, counsel for State opposed the prayer for bail and submitted that there is specific allegation against petitioner no. 2 of assault by lathi, as a result of which informant sustained grievous injury.
Considering the facts aforesaid and nature of injury, I am not inclined to enlarge Sundan Kumar petitioner no. 2 on anticipatory bail. Accordingly, the same is rejected. So far as the case of Kundan Kumar petitioner no. 1 is concerned, there is general and omnibus allegation, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate Ist Class, Gaya in connection with Tekari P.S. Case No. 486 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) vinita/- U T