Kundan Kumar Singh @ Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72203 of 2018 Arising Out of PS. Case No.-286 Year-2017 Thana- MADHAURAH District- Saran ====================================================== Kundan Kumar Singh @ Kundan Kumar, Son of Late Devendra Singh, Resident of Village-Siswan Rasulpur, P.S. Marahaura (Gaura O.P.), DistrictSaran at Chapra. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Jeetendra Narayan, Advocate.

For the Opposite Party :

Mr. S. Ehteshamuddin, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-12-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 147, 149, 341, 323, 324, 307, 504 and 506 of the IPC.

The prosecution story, in brief, is that on 06.07.2017 at 13.00 hours when the informant was at his home, in meanwhile, petitioner and others assaulted him with Farsa, Sword and Iron rod by abusing him. Co-accused Anant Singh assaulted him with Farsa on his head. When his brother Rahul Kumar and mother Panpati Kunwar came to rescue him, Kundan Kumar (petitioner) assaulted on the head of Rahul Kumar. When he tried to flee, Kundan Kumar (petitioner)

Patna High Court Cr.Misc. No.72203 of 2018(2) dt.04-12-2018 2/3 assaulted with Arow-Sword. Co-accused Laxman Singh assaulted with rod on the cheek of Jatashankar. Co-accused Shanti Devi and Kiran Devi assaulted with Lathi to Panpati Kunwar.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. The petitioner has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. It is case and counter case between the parties. Free fight is alleged to have taken place between the parties. Nature of injury is said to be simple. No offence under Section 307 of the IPC is made out. Rests of the offences are triable by the Magistrate.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.- XIIIth, Saran at Chapra, in connection with Maharaura P.S. Case

Patna High Court Cr.Misc. No.72203 of 2018(2) dt.04-12-2018 3/3 No. 286 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) U.K./- U T