Karan Kumar @ Karan Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52495 of 2023 Arising Out of PS. Case No.-201 Year-2023 Thana- NARHATT District- Nawada ====================================================== Karan Kumar @ Karan Kumar Singh, Son of Bharat Singh, Resident of Village - Sirsa, P.S. - Sitamarhi, District - Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Ranjan Kumar, Advocate For the Opposite Party/s :
Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 23-08-2023 Heard Mr. Rajesh Ranjan Kumar, learned counsel appearing on behalf of the petitioner and the learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Narhat (Sitamarhi) P.S. Case No. 201 of 2023, registered for the offences punishable under Sections 341, 323, 379, 308, 504 and 506/34 of the Indian Penal Code.
3. Allegedly, all the FIR named accused persons, including the petitioner, assaulted the son of the informant due to which he sustained serious injuries. It is further alleged that accused persons also snatched valuables of the informant.
4. Learned counsel appearing on behalf of the petitioner submits that the present case is instituted in retaliation of the earlier case lodged by the father of the petitioner being
Patna High Court CR. MISC. No.52495 of 2023(2) dt.23-08-2023 2/3 Narhat (Sitamarhi) P.S. Case No. 196 of 2023, the copy of which is annexed as Annexure - 2. He next submits that even as per the narration of the FIR, the allegation of assault has been attributed to 'Shrawan Kumar', however, the injuries sustained over the person of the son of the informant are found to be simple in nature caused by hard and blunt substances, in support of his averments, the injury report has been brought on record by way of Annexure - 3. He next submits that in fact it is the persons of informant, who have assaulted the family members of the petitioner due to which the father of the petitioner had received serious injuries. He next submits that although the petitioner has been made accused in two other cases under the Bihar Prohibition and Excise Act, but in both the cases he is on bail.
5. On the other hand, learned counsel for the State opposed the pre-arrest bail application.
6. Regard being had to the submissions made on behalf of the parties and considering the case and counter case and the nature of injuries which are simple in nature, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this
Patna High Court CR. MISC. No.52495 of 2023(2) dt.23-08-2023 3/3 order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Nawada in connection with Narhat (Sitamarhi) P.S. Case No. 201 of 2023, subject to the conditions laid down in Section 438(2) Cr.P.C. with the further condition that one of the bailors shall be the own/close family members of the petitioner.
(Harish Kumar, J) shivank/- U T