Kundan Kumar @ Kundan Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32619 of 2021 Arising Out of PS. Case No.-479 Year-2019 Thana- BAGHA District- West Champaran ====================================================== Kundan Kumar @ Kundan Chaudhary, Male, aged about 25 years, S/O Rajbahadur Chaudhary @ Rajbahadur Chuhan, R/o village- Goiti, P.S.- Bagaha (Pathkauli), District- West Champaran. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Anand Kishore Choudhary, Advocate For the Opposite Party :

Mr. Nand Kishore, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-11-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of eight weeks.

Further, learned counsel for the petitioner is permitted to make necessary correction in the prayer portion of the bail application.

Heard learned counsel for the petitioner and learned counsel for the State through Virtual mode.

The petitioner is apprehending his arrest in connection with Bagaha (Pathkauli) P.S. Case No. 479 of 2019 for the offence registered under Sections 147, 341, 342, 323, 324, 307 and 379/504 of the I.P.C.

The prosecution story, in brief, is that on 29.08.2019

Patna High Court CR. MISC. No.32619 of 2021(2) dt.26-11-2021 2/3 at about 5.00 P.M., the informant went towards the road, where the petitioner and other F.I.R. named accused persons surrounded him and the petitioner inflicted Farsa blow on his head with an intention to kill him due to which, he became unconscious and fell down and when Chandan Yadav, Sanoj Yadav, Atmanand Yadav and Surendra Yadav came to save him then co-accused Govind Yadav gave Farsa blow on the head of Chandan Yadav. Co-accused Moti Chaudhary and Birendra Chaudhary assaulted Sanoj Yadav by Lathi on his head and coaccused Deepak Chaudhary and Sonu Chaudhary assaulted Atma Nand Yadav and Surendra Yadav due to which they sustained head injury and blood started oozing. Prabhakar Chaudhary snatched his gold chain worth Rs.

20,000/- and Subash Chaudhary took out one lac rupees from the bag of Chandan Yadav. They damaged Motorcycle of Chandan Yadav. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. He has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. Nature of injury is said to be simple. There is case and counter case between the parties. Free fight is alleged to have taken place between the parties.

Patna High Court CR. MISC. No.32619 of 2021(2) dt.26-11-2021 3/3 has not been explained by the prosecution. The police after investigation has submitted final form against the accused persons but the learned court below has differed with the police report and taken cognizance against the petitioner. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances of the case, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-Ist, Bagaha, West Champaran, in connection with Bagaha (Pathkauli) P. S. Case No. 479 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) U.K./- U T