Patna High CourtCR. MISC./67/2016bail granted

Kunal Kumar v. The State Of Bihar

2016-01-05Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67 of 2016 Arising Out of PS.Case No. -208 Year- 2015 Thana -JANDAHA District- VAISHALI(HAJIPUR) ====================================================== Kunal Kumar S/o Prabhu Narayan Singh .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amresh Kumar Sinha, Advocate For the Opposite Party/s : Mr. Pramod Kr.Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-01-2016 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 447, 341, 323, 504, 506, 387, 379/34 of the Indian Penal Code.

It is alleged that co-accused Rupam Kumar, Asutosh Kumar @ Tuttu, Golu Kumar and petitioner surrounded the informant and his tractor when Rupam Kumar demanded Rs.50,000/- as extortion. On refusal to make payment co-accused Rupam Kumar and Asutosh Kumar @ Tuttu tried to make assault with iron rod but the informant could not receive any injuries. It is also alleged that the petitioner and co-accused Golu Kumar tried to press the neck of the informant and pushed him down. It is further alleged that Rupam Kumar took away Rs.2000/- from the pocket of the informant.

Patna High Court Cr.Misc. No.67 of 2016 (2) dt.05-01-2016 2/2 It is submitted by learned counsel for the petitioner that specific accusation of assault is not against the petitioner. There is counter version of the occurrence and for the occurrence of 24.10.2015 at 09.00 pm, the FIR was registered on 25.10.2015 at 16.00 pm.

Considering the delayed lodging of the case, the accusation being not specific against the petitioner and counter version of the occurrence, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM, Hajipur, Vaishali in connection with Jandaha P.S. Case No.208/2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T