Kundan Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36483 of 2019 Arising Out of PS. Case No.-76 Year-2019 Thana- AKBARPUR District- Nawada ====================================================== KUNDAN PANDEY Son of Munna Pandey Resident of Village - Akbarpur Near Bazar, P.S.- Akbarpur, Dist.- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Pandey For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-06-2019 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner seeks bail in a case instituted for the offences under Sections 147, 148, 149, 341, 323, 354(B), 337, 338, 307, 379, 448, 504 and 506 of the Indian Penal Code. The prosecution case in short is that on the petty issue of drainage, the accused persons, variously armed, entered into the house of the informant and assaulted the informant due to which he sustained injury. The persons came in rescue were also assaulted by the accused persons.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 22.4.2019 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been

Patna High Court CR. MISC. No.36483 of 2019(2) dt.21-06-2019 2/2 submitted in the present case. The petitioner has falsely been implicated in the present case. Both parties are agnates. For a petty reasons, the alleged occurrence is said to have taken place. The nature of injury is said to be simple. Hence, no offence under Section 307 IPC is made out.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. -1st, Nawada in connection with Akbarpur P.S. Case No. 76/19.

(Sudhir Singh, J) Pankaj/- U T