Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41086 of 2024 Arising Out of PS. Case No.-86 Year-2023 Thana- PARBATTA District- Khagaria ====================================================== Kundan Kumar Son of Mr Luro Singh R/O - Village - Karna, P.S.- Parbatta, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate Mr. Indrajeet Kumar, Advocate Ms. Vaishnavi Singh, Advocate For the Opposite Party/s :

Mr. Vinod Shanker Modi, APP For the Informant :

Mr. Santosh Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 08-10-2024 Heard learned counsel appearing on behalf of the parties.

2. The petitioner seeks bail in connection with Parbatta PS Case No. 86 of 2023 registered for the offence punishable under Sections 302, 120B, 341, 323, 325/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution story, it is a case where petitioner alongwith other co-accused persons came with several weapons alongwith fire arm and thereafter the wife of the informant sustained bullet while trying to save the informant injuries due to which the wife of the informant died.

4. Learned counsel for the petitioner submits that the petitioner is innocent and falsely been implicated in this case. He further submits that the petitioner has not fired upon the

Patna High Court CR. MISC. No.41086 of 2024(3) dt.08-10-2024 2/2 victim and the other co-accused having direct allegation of firing the shot on the victim, the bail petition of co-accused, namely, Luro Singh in Cr. Misc. No. 80133 of 2023 has been rejected by this Court. He next submits that no person has sustained injuries upon the alleged firing and the petitioner has no criminal antecedents as stated in para 3 of the bail application. He next submits that the petitioner is in custody since 31.10.2023.

5. Learned A.P.P. for the State and learned counsel for the informant opposed the prayer for regular bail of the petitioner.

6. Considering the aforesaid facts and circumstances of this case and submissions made on behalf of the petitioner, let the petitioner above named be directed to be released on bail in connection with Parbatta PS Case No. 86 of 2023 on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of like amount each to the satisfaction of learned CJM, Khagaria. (Ramesh Chand Malviya, J) Brajesh Kumar/- U T