Kundan Kumar @ Kundan Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40480 of 2023 Arising Out of PS. Case No.-49 Year-2022 Thana- TANKUPPA District- Gaya ====================================================== KUNDAN KUMAR @ KUNDAN KUMAR SINGH Son of Gauri Shankar Singh Resident of village-Mahiyarpur, Police Station-Tankuppa, DistrictGaya ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar For the Opposite Party/s :
Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 02-08-2023 Heard the parties.
2. Petitioner apprehends his arrest in connection with Tankuppa PS Case No. 49/2022 dated 16.05.2022 registered for the offence punishable under Sections 147/148/149/341/323/325/307/379/427/452/504/506 of the IPC and Section 27 of the Arms Act.
3. As per FIR, on 15.05.2022, the petitioner along with other accused persons were constructing village road and drain on the direction of Mukhiya which was being objected by the informant, upon which, the petitioner assaulted the informant by means of Lathi and other accused persons also assaulted him.
4. Mr. Mithilesh Prasad Sharma, learned counsel
Patna High Court CR. MISC. No.40480 of 2023(2) dt.02-08-2023 2/3 appearing for the petitioner submits that the petitioner has falsely been implicated in this case on the basis of concocted story and there is case and counter case between the parties inamuch as Tankuppa PS Case No. 50/2022 has been lodged by the side of the petitioner against the informant and others. He next submits that the similarly situated accused persons have been granted anticipatory bail by the co-ordinate Benches of this Court vide Annexures-3 and 4 to this petition. Referring to paragraph-14 of this petition, it has been submitted that the injury caused to the informant is simple in nature.
5. Regards being had to the submissions made by the parties, taking into consideration the fact that there is case and counter case between the parties, scuffle took place due to construction of Government road, similarly situated co-accused persons have been granted anticipatory bail and the injury caused to the informant is simple in nature, I am inclined to grant anticipatory bail to the petitioner.
6. Accordingly, let the petitioner, named above, in the event of arrest or surrender within four weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial
Patna High Court CR. MISC. No.40480 of 2023(2) dt.02-08-2023 3/3 Magistrate- 1st , Gaya in connection with Tankuppa PS Case No. 49/2022, subject to the condition as laid down under Section 438(2) CrPC.
(Anil Kumar Sinha, J) perwez U T