Kundan Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33289 of 2020 Arising Out of PS. Case No.-42 Year-2020 Thana- KAJRA District- Lakhisarai ====================================================== 1.

KUNDAN PRASAD, Son of Ramashish Yadav, Resident of VillageTeteriya, P.S.- Kajra, District- Lakhisarai 2.

Nandan Prasad @ Nandan Kumar, Son of Ramashish Yadav, Resident of Village- Teteriya, P.S.- Kajra, District- Lakhisarai 3.

Ramashish Yadav, Son of Shree Yadav, Resident of Village- Teteriya, P.S.- Kajra, District- Lakhisarai 4.

Chhabila Yadav, Son of Shree Yadav, Resident of Village- Teteriya, P.S.- Kajra, District- Lakhisarai ... Petitioners

Versus

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

For the Petitioners :

Mr. Manoj Kumar, Adv.

For the Opposite Party :

Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 08-03-2021 As prayed for, let the learned counsel for the petitioners remove the defect(s), as pointed out by the office vide it's note, dated 07.12.2020, within four weeks of starting of the Court proceeding in physical mode properly. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the state.

The petitioners seek pre-arrest bail in connection with Kajra P.S. Case No. 42 of 2020 registered under Sections 341, 323, 307, 447, 504 and 506/34 of the Indian Penal Code. The accusation is that in the evening of 04.05.2020, petitioners came at the door of the informant, Kailash Modi, and started to abuse. When the informant, Kailash Modi, made protest, then, they started to cause assault in which he sustained head injury through lathi. When his son, Pintu Kumar, rushed to

Patna High Court CR. MISC. No.33289 of 2020(2) dt.08-03-2021 2/2 save him, then, he was also assaulted through lathi. Cause of occurrence is of dispute regarding throwing the garbage. Submission is that two injuries were found on the person of the informant, Kailash Modi, which are simple in nature, while two injuries were found on the person of son, Pintu Kumar, but, opinion could not be expressed by the doctor and the opinion is kept reserved.

Having regard to the facts and circumstances of the case, let the petitioners, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Kajra P.S. Case No. 42 of 2020 shall be released on bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Naresh Mahto, Judicial Magistrate, 1st Class, Lakhisarai, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.

(Rajendra Kumar Mishra, J) Shamshad/- U T