Kunal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27911 of 2022 Arising Out of PS. Case No.-486 Year-2021 Thana- CHHATAUNI District- East Champaran ====================================================== 1.
Kunal Kumar Son Of Dasrath Patel @ Dashrath Prasad R/O VillageBhawanipur Zirat, P.S.- Chhatauni, District- East Champaran 2.
Sagar Kumar Son Of Dasrath Patel @ Dashrath Prasad R/O VillageBhawanipur Zirat, P.S.- Chhatauni, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhishek Kumar For the Opposite Party/s :
Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-09-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
Learned counsel for the petitioners undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.
The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 324, 307, 379, 504, 34 of the Indian Penal Code. Petitioners are said to have come at the door of the informant and started abusing him. On objection, petitioner no. 1 gave knife blow on his head and neck as a result of which he sustained serious injury. Thereafter, accused persons assaulted
Patna High Court CR. MISC. No.27911 of 2022(2) dt.06-09-2022 2/3 the mother of the informant and they snatched Rs. 90,000/- from the packet of the informant's brother.
Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that though there is specific allegation against the petitioner Kunal Kumar who gave knife blow on the head and neck of the informant but injury found upon him is simple in nature. He submits that both parties are next door neighbours and exchange of some hot words which was made between both parties due to this reason, the informant has lodged the present case. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances of the case and the fact that the injury found upon the victim is simple in nature, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is
Patna High Court CR. MISC. No.27911 of 2022(2) dt.06-09-2022 3/3 pending/successor court in connection with Chhatauni P.S. Case No. 486 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) devendra/- U T