Kundan Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27831 of 2018 Arising Out of PS. Case No.-171 Year-2017 Thana- WARSALIGANJ District- Nawada ======================================================

1. Kundan Kumar

2. Hariom Kumar Both sons of Shyam Nandan Pandey @ Shyam Nandan Singh, resident of Village- Naromurar, Police Station- Warisaliganj, District- Nawada.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Deepak Kumar For the Opposite Party/s :

Mr. Sri Amrendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 09-05-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioners apprehend their arrest in connection with Warisaliganj P.S. Case No. 171 of 2017 registered for the offence punishable under Sections 447, 448, 341, 323, 308, 379/34 of the Indian Penal Code.

Informant in his report addressed to the Officer-incharge of Warsliganj Police Station has stated that on 17.07.2017 at about 9:30 am while she was in her house, petitioners along with Sunita Devi entered into her house with a view to take possession and started assaulting and when she came out of the house Kundan Kumar (petitioner no. 1) pushed her down and assaulted her with a piece of brick causing injury

Patna High Court Cr.Misc. No.27831 of 2018(2) dt.09-05-2018 2/2 on her head and Gauri Devi snatched her gold earring and Sunita Devi snatched her gold locket. On hulla, nearby people came there and pacified the matter.

It has been submitted on behalf of the petitioner that the petitioners have committed no offence and have been falsely implicated in this case due to land dispute. It has been further submitted that in the injury report, two injuries were found which have been opined to be simple in nature (Annexure-2). Petitioner have got no criminal antecedent.

Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Nawada in connection with Warisaliganj P.S. Case No. 171 of 2017, and subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(S. Kumar, J) ranjan/- U