Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34577 of 2020 Arising Out of PS. Case No.-137 Year-2020 Thana- PATEPUR District- Vaishali ====================================================== 1.

Kundan Kumar, Son of Late Chandrashekhar Prasad Singh, Resident of Village - Harlochanpur Sukki, P.S. - Patepur, District - Vaishali 2.

Raj @ Raj Singh, Son of Ranjan Kumar Singh, Resident of Village - Harlochanpur Sukki, P.S. - Patepur, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prakritita Sharma, Advocate.

For the Opposite Party/s :

Ms. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 22-03-2021 As prayed for, let the learned counsel appearing for the petitioners remove the defect(s), as pointed out by the office, within four weeks of starting of the Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Patepur P.S. Case No. 137 of 2020, registered under Sections 147, 148, 149, 341, 323, 307, 504 and 506 of the Indian Penal Code.

The accusation is that in the evening of 10.07.2020, informant, Shashank Kumar, moved from his house to meet his

Patna High Court CR. MISC. No.34577 of 2020(2) dt.22-03-2021 2/3 friend. When the informant reached near the house of Ranjan Kumar Singh then Ranjan Kumar Singh, Kundan Kumar (petitioner no.1), Raman Kumar Singh, Nitesh Kumar and Raj (petitioner no.2) attacked on him through sward and knife. At that time, Ranjan Kumar Singh gave sward blow at his waist, Mitesh Kumar caused injury through knife at his leg and Raj (petitioner no.2) also gave knife blow at the knee of his left leg. Thereafter, Kundan Kumar (petitioner no.1) also caused injury at his hip and Raman Kumar Singh also caused injury at his head through knife. On raising alarm, villagers reached their then they fled away. Thereafter, informant was rushed to the Patepur Primary Hospital.

Learned counsel for the petitioner submits that the injuries, as found on the person of the informant, are simple in nature. Further submission is that, in fact, Ranjan Kumar Singh, father of petitioner no.2, Raj, is an eye witness of Patepur P.S. Case No. 181 of 2016 instituted by Avinash Kumar Singh, in which, Shashank Kumar, informant of the present case was made accused, due to that reason, only to give undue pressure not to appear in the trial court for evidence, the present case has been lodged with false allegation. Further submission is that petitioners have no criminal antecedent.

Patna High Court CR. MISC. No.34577 of 2020(2) dt.22-03-2021 3/3 Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Patepur P.S. Case No. 137 of 2020 subject to the condition as laid down under Section 438(2) of the Cr.P.C.

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