Kishan Kumar @ Kishan v. The State Of Bihar

Patna High Court Cr.Misc. No.27432 of 2016 (2) dt.12-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27432 of 2016 Arising Out of PS.Case No. -298 Year- 2015 Thana -CHATOUNI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Kishan Kumar @ Kishan Son of Yamuna Prasad resident of village - Bhawanipur Jirat, P.S. Chhatauni, District - East Champaran .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Abhishek Kumar, Advocate For the Opposite Party : Mr. Sri Sadanand Paswan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-07-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Chhatauni P.S. Case No. 298 of 2015 for the offences instituted under Sections 341, 323, 307, 379 and 504/34 of the Indian Penal Code and Sections 3(i), (x), (v) of the SC & ST Act. The prosecution case, in brief, is that the informant Gautam Raj has stated that on 30.11.2015 at about 10.30 A.M., he was going to deposit the electric bill, accused Rahul Verma, Kunal Singh and Kishan stop him. Accused Rahul Verma calling caste line as Chamar-Dusadh and caught his callar and get down from his vehicle. In the meantime, accused Kunal Singh assaulted him with knife which is hit on his head and started oozing blood and accused Kishan assaulted him with iron rod on the back side of his

Patna High Court Cr.Misc. No.27432 of 2016 (2) dt.12-07-2016 head with intention kill him and also snatched Rs.20,000/- and also snatching golden chain from his neck.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. Petitioner has falsely been implicated in the present case. The alleged date of occurrence is 30.11.2015 and the FIR is instituted on 13.12.2015. The delay in instituting the case has not been explained by the prosecution. The other co-accused has already been granted anticipatory bail by this Court vide Cr.Misc.No.18462 of 2016.

On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Chhatauni P.S. Case No. 298 of 2015 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, East Champaran, Motihari, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) B.Kr./- U T