← Library
Patna High CourtCR. MISC./43292/2024allowed

Kundan Kumar @ Kundan Yadav v. The State Of Bihar

2024-08-02Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43292 of 2024 Arising Out of PS. Case No.-188 Year-2022 Thana- SIGAUDI District- Patna ====================================================== Kundan Kumar @ Kundan Yadav Son Of Sasta Yadav @ Sachita Yadav Resident Of Village - Devaria, P.S. - Sigori, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Parashuram Singh For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-08-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 342, 323, 325, 307/34 of the Indian Penal Code.

3. Petitioner along with other accused persons are said to have assaulted the informant by means of lathi, danda and rod.

4. Learned counsel for the petitioner submits that the petitioner is innocent and have been falsely implicated in this case due to previous dispute. He submits that there is no specific overt act against the petitioner. He submits that there is general and omnibus allegation levelled against the petitioner. He submits that the similarly situated co-accused has already been granted bail by this Court vide order dated 30.10.2023

Patna High Court CR. MISC. No.43292 of 2024(2) dt.02-08-2024 2/2 passed in Cr. Misc. No. 27789 of 2023. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Sigori P.S. Case No. 188 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) devendra/- U T