Kundan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69841 of 2021 Arising Out of PS. Case No.-932 Year-2021 Thana- AGAMKUAN District- Patna ====================================================== Kundan Singh, Son Of Late Kamakhya Narayan Singh R/O Flat No. 402, Rajballabh Kunj, Rajvanshi Nagar, P.S.- Shastri Nagar, District- Patna. ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravindra Kumar For the Opposite Party/s :
Mr. Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-07-2022 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 379, 307, 427, 504 of the Indian Penal Code and Section 27 of the Arms Act.
The learned counsel for the petitioner submits that the petitioner has antecedent of three cases in which the petitioner was acquitted in one case and in another case, final form was submitted as detailed in Para-3 of the anticipatory bail application.
The learned counsel for the petitioner submits that the informant alleges that he was sitting in his office of Jai Mata Di Bus at Bairiya Bus Stand when the named accused persons
Patna High Court CR. MISC. No.69841 of 2021(3) dt.26-07-2022 2/3 including the petitioner came variously armed and started abusing and ransacking his office and on objection by the informant, it is alleged that petitioner and Kripa Shankar Singh started indiscriminate firing, but the informant managed to hide himself and the accused persons took out Rs.10,000/- from the counter and fled away. It is further alleged that Kundan Singh is known criminal and had gone to jail in many cases. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. The informant has deliberately concealed an important fact in the F.I.R. that he is Manager of Jai Mata Di Bus Service while petitioner is the owner of Mantu Bus Service as stated in Para-9 of the anticipatory bail petition. It is next submitted that on account of business rivalry, the present false case came to be instituted though there is allegation of indiscriminate firing, but no empty cartridges were recovered from the office of the informant.
The learned Additional Public Prosecutor opposes the anticipatory bail application and submits that two empty cartridges were recovered from the road. The learned counsel for the petitioner rebuts the submission of the learned A.P.P. and submits that allegation is of indiscriminate firing when recovery
Patna High Court CR. MISC. No.69841 of 2021(3) dt.26-07-2022 3/3 is of only two cartridges and that too, from the road and not from the office of the informant as alleged.
Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Agam Kuan P. S. Case No.932 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
The application stands allowed.
(Satyavrat Verma, J) vikash/- U T