Karun Kumar And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19426 of 2015 Arising Out of PS.Case No. -6 Year- 2015 Thana -ROH District- NAWADA ======================================================

1. Karun Kumar Son of Sri Mundrika Singh,

2. Mundrika Singh Son of Late Shiva Singh

3. Bhagwan Jee @ Pawan Kumar, Son of Shailendra Singh, All Resident of Village - Siur, P.S. - Roh, District -Nawada. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Bhola Kumar, Advocate.

For the Opposite Party : Mr. Ashok Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-07-2015 Heard both sides.

Learned counsel for the petitioners has submitted that petitioner no. 3 has already been arrested.

Accordingly, prayer for anticipatory bail on behalf of petitioner no. 3 Bhagwan Jee @ Pawan Kumar is dismissed as has become infructuous.

The bail petition survives only against petitioner no. 1 Karun Kumar as petitioner no. 2 Mundrika Singh has also been arrested.

The petitioner no. 1 Karun Kumar apprehends his arrest in Roh P.S. Case No. 06 of 2015, registered for the offences punishable under Section 307 and other Sections of the Indian Penal Code and under Section 27 of the Arms Act.

Manoj Kumar the informant named six persons including

Patna High Court Cr.Misc. No.19426 of 2015 (3) dt.03-07-2015 2/2 the petitioner and made allegation that Bhagwan Jee @ Pawan Kumar assaulted his son Vikash Kumar with Pharsa on his head and his son fell down after becoming unconscious. Kundan Kumar assaulted the wife of the informant and snatched her gold chain. Omnibus and general allegation is made against the petitioner Karun Kumar. It is submitted that the petitioner has got criminal antecedent.

From perusal of para-3 of the bail petition it appears that the petitioner has got no criminal antecedent. There is land dispute between the parties.

Considering the facts aforesaid, the petitioner no. 1 Karun Kumar, if he has got no criminal antecedent, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada in Roh P.S. Case No. 06 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) KKSINHA/- U T