Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25701 of 2020 Arising Out of PS. Case No.-80 Year-2019 Thana- PIPRA District- East Champaran ============================================== 1.

KUNDAN KUMAR S/o- Late Bharat Prasad Resident of VillageVishunpura, P.S.- Pipra, District- East Champaran. 2.

Bimlesh Kumar S/o- Ram Naresh Prasad Resident of VillageVishunpura, P.S.- Pipra, District- East Champaran. 3.

Jitendra Kumar S/o- Bhola Bhagat Resident of Village- Vishunpura, P.S.- Pipra, District- East Champaran.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Nafisuzzoha Mr.Bal Govind Sharma For the Opposite Party/s :

Mr.A.G.

============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 14-10-2020 Heard Mr. Nafisuszzoha, learned counsel for the petitioner and learned APP for the State.

Mr. Nafisuzzoha, learned counsel for the petitioners after some argument, seeks permission to withdraw this application with respect to petitioner nos. 1 and 3, in order to enable them to surrender before the Court below and seek bail.

The application with respect to petitioner no. 1/Kundan Kumar and petitioner no. 3/Jitendra Kumar stands

Patna High Court CR. MISC. No.25701 of 2020(2) dt.14-10-2020 2/3 dismissed as withdrawn with the liberty aforesaid. The petitioner no. 2 seeks bail in anticipation of his arrest in connection with Pipra P.S. Case No. 80 of 2019 dated 21.03.2019 instituted for the offence under Sections 341, 323, 324, 379, 307, 504 and 506/34 of the Indian Penal Code.

It has been submitted on behalf of the petitioners that so far as petitioner no. 2 is concerned, there is no allegation of assault against him. Though, he is named in the F.I.R. and is also stated to be armed with a lethal weapon but he is not alleged to have used the same. There is counter version of the occurrence as well. Considering the aafore-noted accusation, the petitioner no. 2/Bimlesh Kumar, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran,

Patna High Court CR. MISC. No.25701 of 2020(2) dt.14-10-2020 3/3 in connection with Pipra P.S. Case No. 80 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Ashutosh Kumar, J) sunilkumar/- U T