Kunal Kumar @ Kunal Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45265 of 2024 Arising Out of PS. Case No.-135 Year-2023 Thana- MADHAURAH District- Saran ====================================================== Kunal Kumar @ Kunal Prasad Yadav Son of Rajendra Ray Village- Silhauri, P.S.- Marhaurah, Dstt.- Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar Sinha For the Opposite Party/s :

Mrs. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 04-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Marhowrah P.S. Case 135/2023, registered for the offence punishable under Sections 341, 323, 324, 307, 354, 379, 504/34 of the Indian Penal Code.

3. As per prosecution case, petitioner is said to have assaulted the informant's son by means of knife on his head and neck as a result of which he sustained injuries and bleeding started.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. The petitioner is languishing in custody since 03.05.2024 and bears no criminal antecedent. There is case and counter case between both the parties and free fighting cannot be

Patna High Court CR. MISC. No.45265 of 2024(5) dt.04-10-2024 2/2 ignored. The petitioner and informant are the next door neighbour. He further submits that there is admitted land dispute between both the parties and in the cases of land dispute facts are generally exaggerated to make the case graver.

5. The learned A.P.P. for the State vehemently opposed the prayer for bail of the petitioner and submits that there is specific allegation of assault against the petitioner by means of knife upon the head and neck of informant's son and the same is grievous in nature as corroborated by the injury report of the victim.

6. Considering the facts and circumstances of the case, nature of allegation levelled against the petitioner coupled with injury report and material available on record, I am not inclined to grant bail to the petitioner. Hence, prayer for bail of the petitioner stands rejected.

7. However, if trial is not concluded within nine months from the date of receipt / production of copy of this order, the petitioner may renew his prayer for bail. (Alok Kumar Pandey, J) amitkumar/- U T