Kundan Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72715 of 2018 Arising Out of PS. Case No.-40 Year-2018 Thana- MAHNAR District- Vaishali ======================================================

1. Kundan Kumar,

2. Kunal Kumar, Both S/o Lal Babu Sahni, R/o Village Lawapur Narayan, P.S. Mahnar Dist.- Vaishali.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manish Chandra Gandhi For the Opposite Party/s :

Mr. Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-12-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending thier arrest in a case registered under Sections 341, 323, 364, 307, 120(B)/34 of the Indian Penal Code.

Allegation is that the accused persons including the petitioners with an intention to kill the informant's son tied his neck with rope and when he became uncounscious they fled away leaving the victim in the field.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the

Patna High Court Cr.Misc. No.72715 of 2018(2) dt.05-12-2018 2/2 present case. The nature of injury is said to be simple. Hence, no offence under Section 307 of the I.P.C. is made out. So far Section 364 of the I.P.C. is concerned, the same is superficial. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. VI, Vaishali at Hajipur in connection with Mahnar P.S. case No.40 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T