Patna High CourtCR. MISC./43252/2023bail granted

Kundan Kumar v. The State Of Bihar

2023-07-25Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43252 of 2023 Arising Out of PS. Case No.-104 Year-2022 Thana- SARAI RANJAN District- Samastipur ====================================================== KUNDAN KUMAR SON OF RARAM SAGAR RAI R/O VILLAGE -BARUNA RASALPUR TOLE JAN MOHAMMADPUR, PS -SARAIRANJAN, DISTT- SAMASTIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Bhushan Prasad For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-07-2023

1. Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Sarairanjan P.S. Case No. 104 of 2022 dated 2.5.2022 registered for the offence punishable u/s 341, 323, 324, 326, 307, 354, 504/34 of the Indian Penal Code and 27 of the Arms Act. .

4. As per the prosecution case, the petitioner and the co-accused persons are alleged to have assaulted the informant with punch. Further, it is alleged that the petitioner fired on the wife of the informant.

Patna High Court CR. MISC. No.43252 of 2023(2) dt.25-07-2023 2/2

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Nothing incriminating material has been recovered from the conscious possession of the petitioner. There is land dispute between the parties. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 16.2.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Samastipur in connection with Sarairanjan P.S. Case No. 104 of 2022.

8. The application stands allowed.

(Chandra Prakash Singh, J) Ajay Singh/- U T