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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18298 of 2019 Arising Out of PS. Case No.-39 Year-2018 Thana- KATRAHA District- Vaishali ====================================================== 1.

Kundan Kumar @ Kundan Kumar Sah @ Kundan Sah, 2.

Chandan Kumar @ Chandan Kumar Sah @ Chandan Sah Both Sons of Late Julum Sah, Resident of Village-Patepur, P.S-Kartaha, District-Vaishali.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs.Rina Sinha For the Opposite Party/s :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 04-04-2019 Heard learned counsel for the petitioners. No one appears for the State.

Petitioners are seeking anticipatory bail in connection with Kartaha P.S. Case No. 39 of 2018 registered for the offences punishable under Sections 333, 337, 338, 353, 504 and 506/34 of the Indian Penal Code.

As per the prosecution case, the allegation against the petitioners is that when the police party raided the house of the petitioners for recovery of looted money on the statement of their brother Raj Kumar Sah, they have obstructed in discharge of official duty and have also assaulted the police party by pelting bricks and stones.

Learned counsel for the petitioner submits that the petitioners have been implicated in this case only because they had

Patna High Court CR. MISC. No.18298 of 2019(2) dt.04-04-2019 2/2 protested against indecent behaviour of the police force with their mother. It is submitted that the petitioners have no concern with the alleged occurrence and they have no criminal antecedent.

Considering the facts and circumstances wherein it is the submission of the petitioners that they have been implicated in this case only because they had protested against the indecent behaviour of the police force with their mother Ahilya Devi and further that these petitioners have no concern with the alleged occurrence as they are living separately from their brother Raj Kumar Sah and that they have no criminal antecedent, in case of arrest or surrender of the petitioners within a period of four weeks from today, the abovenamed petitioners shall be enlarged on bail on furnishing bail bond of Rs.15,000/- (rupees fifteen thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-V, Vaishali at Hajipur in connection with Kartaha P.S. Case No.

39 of 2018, subject to the condition prescribed under Section 438(2) of the Cr.P.C.

(Rajeev Ranjan Prasad, J) arvind/- U T