Kundan Singh @ Kundan Kumar Singh And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.13447 of 2017 (3) dt.01-07-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13447 of 2017 Arising Out of PS.Case No. -97 Year- 2016 Thana -PANAPUR District- SARAN ======================================================
1. Kundan Singh @ Kundan Kumar Singh, S/O Ramesh Singh.
2. Abhyas Kumar Singh @ Abhayas Kumar Singh, S/O Mahesh Singh, Both resident of Village- Turki, P.S.- Panapur, District- Saran at Chapra.
3. Pappu Kumar Chaurasiya @ Pappu Chaurasiya, S/o Ram Nath Chaurasiya, Resident of Village- Panapur Bazar (Turki), P.S.- Panapur, District- Saran at Chapra.
4. Rajesh Prasad @ Rajesh Chaurasiya, S/o Vishwanath Chaurasiya @ Visnath Chaurasiya, Resident of Village- Turki, P.S.- Panapur, DistrictSaran at Chapra. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Jeetendra Narayan For the Opposite Party/s : Mr. Sri Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 01-07-2017 Learned counsel for the petitioners is permitted to make necessary correction in the cause title of the petition. Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Panapur P.S. Case No. 97 of 2016, registered under Sections 147, 148, 149, 436 and 504 of the Indian Penal Code. The accusation is that more than 100 people of the 'Bajrang Dal' reached near the hut, which is the chicken shop of the informant, and started to abuse him. At that time, nine persons named in the F.I.R. including the petitioners sprinkled the
Patna High Court Cr.Misc. No.13447 of 2017 (3) dt.01-07-2017 kerosene oil at the shop and lit the fire, in which, chicken counter and other articles of the petitioner burnet.
Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case, in fact, hut of the informant was made in the public land due to that reason villagers made protest and only to give undue pressure the informant has lodged the present case with false allegation. Learned A.P.P. appearing for the State opposed the prayer for bail of the petitioner and submits that witnesses have supported the prosecution case but fairly conceded that at the place of occurrence no any burnt material was found. Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-IV, Saran at Chapra, in connection with Panapur P.S. Case No. 97 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) Bhardwaj/- U T