Patna High CourtCR. MISC./50831/2024bail granted

Kunal Kumar @ Jai Prakash Singh v. The State Of Bihar

2024-08-21Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50831 of 2024 Arising Out of PS. Case No.-433 Year-2023 Thana- DIDARGANJ District- Patna ====================================================== Kunal Kumar @ Jai Prakash Singh S/o Dasrath Singh R/o vill - Madhopur, P.S. - Didarganj, Distt. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Harish Kumar, Advocate For the State :

Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-08-2024 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 147, 149, 341, 323, 307, 504 and 506 of the Indian Penal Code.

3. As per prosecution case, allegation against this petitioner is of commission of assault by means of lathi on head of informant.

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner has falsely been implicated in this case. There is case and counter-case between the parties and Didarganj P.S. Case No. 434 of 2023 has been lodged by petitioner's side against the informant and others. Moreover, injuries allegedly caused by this petitioner have been found to be simple in nature. It is further submitted that

Patna High Court CR. MISC. No.50831 of 2024(2) dt.21-08-2024 2/2 similarly situated co-accused persons have already been granted privilege of anticipatory bail by this Hon'ble Court vide order dated 18.07.2024 passed in Cr. Misc. No. 42111 of 2024.

5. Learned A.P.P. for the State has opposed the prayer for grant of anticipatory bail to the petitioner and submitted that petitioner is named in the F.I.R..

6. Considering the aforesaid facts and circumstances, nature of injuries sustained by the injured and claim based on parity, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner 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 learned J.M. 1st Class, Patna City, in connection with Didarganj P.S. Case No. 433 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashank/- U T