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Patna High CourtCR. MISC./70726/2023allowed

Kundan Karn @ Priyanshu Kumar Karn v. The State Of Bihar

2023-11-24Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70726 of 2023 Arising Out of PS. Case No.-47 Year-2023 Thana- KHODAWANDPUR District- Begusarai ====================================================== 1.

Kundan Karn @ Priyanshu Kumar Karn Son of Devendra Lal Karn Resident of Village - Sihma, Police Station - Khodawandpur (Chhaurahi O.P.), District - Begusarai 2.

Ujjawal Karn @ Sudhanshu Kumar Karn Son of Devendra Lal Karn Resident of Village - Sihma, Police Station - Khodawandpur (Chhaurahi O.P.), District - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Soni Kumari, Advocate For the Opposite Party/s :

Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 24-11-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. Petitioners apprehend their arrest in connection with Khodawandpur (Chhaurahi O.P.) P.S. Case No.47 of 2023 instituted under Sections 341, 323, 307, 379, 427, 504, 506 and 34 of the Indian Penal Code.

3. It is alleged that when the informant had gone to his gachhi, the petitioners and co-accused persons surrounded and started abusing him. On protest made by the son of the informant, the co-accused Nitu Karn assaulted on his head with pistol due to which he sustained injury. Shambhu Karn is alleged to have assaulted the son of the informant with iron rod

Patna High Court CR. MISC. No.70726 of 2023(2) dt.24-11-2023 2/2 causing hand injury.

4. Learned counsel for the petitioners submits that there is no specific allegation against the petitioners and the specific allegation is against co-accused Nitu Karn and Shambhu Karn. The petitioners have no criminal antecedent. He further submits that the F.I.R. has been lodged with delay.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Manjhaul, Begusarai in connection with Khodawandpur (Chhaurahi O.P.) P.S. Case No.47 of 2023, subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) Harish/- U T