Kundan Kumar @ Kundan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43674 of 2017 Arising Out of PS.Case No. -376 Year- 2015 Thana -BALIA District- BEGUSARAI ====================================================== Kundan Kumar @ Kundan Yadav, S/o Dilip Yadav, Resident of VillageBallia, P.S. Ballia, District- Begusarai. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Binod Kumar, Advocate For the Opposite Party/s : Mr. Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-09-2017 Heard both sides.

Petitioner apprehends his arrest in Ballia P.S. Case No.376 of 2015 under Section 307 and other Sections of the Indian Penal Code and 27 of the Arms Act.

The informant Asha Devi named the petitioner along with 14 other accused persons and made omnibus and general allegation against all the accused persons that they all assaulted her with pistol, slaps and sticks. The accused persons also caught her brother-in-law Pulkit Yadav and assaulted him. Accused made firing but the shot did not hit Pulkit Yadav. Learned counsel for the petitioner submits that there is no apparent injury on the body of the Pulkit Yadav. He got bodyache and abrasion on left parietal region. Both the injuries are simple in

Patna High Court Cr.Misc. No.43674 of 2017 (2) dt.21-09-2017 2/2 nature. Similarly situated co-accused Manoj Yadav, Banu Yadav and Pramod Yadav have already been enlarged on anticipatory bail vide order dated 2.5.2016 passed in Cr. Misc. No.11275 of 2016. The case of the petitioner stands on the same footing. Considering the facts aforesaid and nature of allegation made against the petitioner and the fact that similarly situated coaccused, namely, Manoj Yadav, Banu Yadav and Pramod Yadav have already been granted anticipatory bail, petitioner above named, in the event of his arrest or surrender before the court below within four weeks from today, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Begusarai in connection with Ballia P.S. Case No.376 of 2015, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J) N.H./- U T