Kunil Das @Kunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38602 of 2024 Arising Out of PS. Case No.-871 Year-2023 Thana- JAHANABAD District- Jehanabad ====================================================== 1.

Kunil Das @ Kunil Kumar, 2.

Sunil Das @ Sunil Kumar Das Both sons of Sarju Das and both are residents of village Irki, P.S+ District Jehanabad, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Priyadarshi Pankaj Raj Anand, Advocate For the Opposite Party/s :

Mr.Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 26-06-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. In the present case, the petitioners are apprehending their arrest in connection with Jehanabad Town P.S. Case No. 871 of 2023 registered for the alleged offences under Sections 341, 323, 325, 307, 354, 379, 504, 506/34 of the Indian Penal Code.

3. As per prosecution case, the petitioners assaulted the informant and his brother, when they demanded their backwages, causing injuries to them.

4. The learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in

Patna High Court CR. MISC. No.38602 of 2024(2) dt.26-06-2024 2/3 this case. The instant FIR has been lodged with completely false and manufactured fact. Though there is specific allegation against the petitioners for causing injuries to the informant and his brother Mukesh Das, but the injures are merely lacerated wounds and are stated to be simple, however, final opinion in the case of the informant was reserved subject to X-ray report, but this very report was prepared after a month of the lodging of the FIR. If there were any fracture that would be apparent by that time. The petitioner no.1 is having criminal antecedent of one case in which he is on bail, whereas the petitioner no.2 is having no criminal antecedent.

5. Learned APP opposes the submission made on behalf of the petitioners.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the simple nature of injuries of the victims and further considering the possibility of false implication, let the petitioners, above named, in the event of their arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate,

Patna High Court CR. MISC. No.38602 of 2024(2) dt.26-06-2024 3/3 Jehanabad/court concerned, in connection with Jehanabad Town P.S. Case No. 871 of 2023, subject to the conditions mentioned in Section 438(2) of the Cr.P.C. and the following conditions:

(i) One of the bailors will be a close relative of the petitioners.

(ii) The petitioners will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) V.K.Pandey/- U T