Kundan Prasad Singh @ Fudan Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26535 of 2018 Arising Out of PS.Case No. -683 Year- 2017 Thana -KHAGARIA District- KHAGARIA ======================================================

1. Kundan Prasad Singh @ Fudan Prasad Singh son of Late Fago Prasad Singh resident of village - Uttari Bhada, P.S. - Muffasil, District - Khagaria. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Praveen Kumar Agrawal For the Opposite Party/s : Mr. Sri Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-06-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Khagaria (Muffasil) P.S.Case nO.683 of 2017 , registered for offences punishable under Sections 147, 149, 452, 323, 354(A), 307 and 504 of the Indian Penal Code.

Allegation against the petitioner is that they have entered inside the house of the informant and tried to grab the daughter of the informant and when she protested one Lalan Singh assaulted by Dabia on hand.

Submission of the learned counsel for the petitioner is that there is general and omnibus allegation against the petitioner and there is case and counter case and the injuries are simple in nature, moreover Lalan Singh has been granted privilege of the anticipatory bail by this Court, vide order dated 20.6.2018 passed

Patna High Court Cr.Misc. No.26535 of 2018 (3) dt.29-06-2018 2/2 in Cr. Misc. No.21098 of 2018.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Khagaria in connection with Khagaria (Muffasil) P.s.Case no.683 of 2017, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond. With the aforesaid direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T