Kundan Kumar Patel @ Kundan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23550 of 2024 Arising Out of PS. Case No.-904 Year-2023 Thana- BETTIAH CITY District- West Champaran ====================================================== Kundan Kumar Patel @ Kundan Kumar S/o Nawal Kishor Prashad @ Nandu Patel R/o Village- Baswariya, P.S.- Bettiah Town, District- West Champaran ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar, Advocate Mrs.Bharti Rai, Advocate For the Opposite Party/s :
Mr.Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-04-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Bettiah Town P.S. Case No. 904/2023 dated 11.12.2023 registered for the offences punishable u/ss 341, 323, 324, 307, 504, 379 and 506 read with 34 of the Indian Penal Code.
3. As per the prosecution case, the petitioner is alleged to have assaulted on the head of the informant with an iron rod. When the informant's nephew came to rescue, the petitioner also assaulted him on his hand, causing injury.
4. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.23550 of 2024(2) dt.02-04-2024 2/2 that the petitioner is innocent and has falsely been implicated in this case. The petitioner has two criminal antecedents as stated in para 3 of the bail petition. As per Annexure-P2, the injury is simple in nature caused by hard and blunt substance.
5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the injury being simple in nature, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, West Champaran, Bettiah in connection with Bettiah Town P.S. Case No. 904/2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.
7. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T