Kishun Kumar @ Kishun Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61649 of 2024 Arising Out of PS. Case No.-59 Year-2024 Thana- BANGARA District- Samastipur ====================================================== Kishun Kumar @ Kishun Das Son of Sonelal Das Resident of VillageHasanpur Kaiju, PS.- Bangra, District- Samstipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Suraj Kumar, Adv.

For the Opposite Party/s :

Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with N.H. Bangra P.S. Case No. 59 of 2024 dated 05.05.2024, lodged under Sections 323, 341, 504, 506, 307 of the Indian Penal Code.

3. As per the prosecution, FIR has been lodged against the sole petitioner with allegation that when the informant has demanded his dues from the petitioner then, the petitioner has assaulted the informant due to which he sustained injury and become unconscious.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that both the informant and the petitioner are resident of same village and are well known to each other. Counsel submits that name of the petitioner has been inserted in

Patna High Court CR. MISC. No.61649 of 2024(2) dt.11-09-2024 2/2 this case only due to local village politics. Counsel further submits the criminal antecedent of the petitioner is clean and he is ready to fulfill all the conditions whatsoever shall be imposed upon him.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the scuffling took place between the petitioner and informant only due to the reason that informant has demanded his dues from him.

6. As such, considering the aforesaid facts and circumstances, let the above named petitioner be released on bail only upon payment of Rs.2,000/- (Rupees Two Thousand) to the informant and the petitioner is directed to surrender before the learned Court below within a period of 6 weeks from today, on furnishing bail bond of Rs.30,000/- (thirty thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Samastipur in connection with N.H. Bangra P.S. Case No. 59 of 2024, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dr. Anshuman, J) Divyansh/- U T