Kunal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68667 of 2022 Arising Out of PS. Case No.-254 Year-2021 Thana- PARSA District- Saran ====================================================== KUNAL KUMAR Son of Jai Ram Rai, R/V- Marar, P.S- Parsa, Dist- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tej Pratap Singh For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 14-03-2023 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner is seeking regular bail in connection with Parsa P.S. Case No. 254 of 2021 registered for offence punishable under sections 147, 148, 149, 341, 323, 307, 302 and 325 of the Indian Penal Code.

As per allegation, ten named accused persons including the petitioner, were forcibly constructing house on the land of the informant. When his father prohibited, co-accused Hariram Rai ordered to kill whereupon co-accused Jairam Rai assaulted him with Farsa on his head. Jairam Rai inflicted repeated blows on the father of the informant. The accused persons also assaulted the grandfather of the informant. The

Patna High Court CR. MISC. No.68667 of 2022(2) dt.14-03-2023 2/3 father of the informant died during the course of the treatment. The learned counsel for the petitioner has submitted that the petitioner is neither the order giver nor the assailant. The allegation against him is general and omnibus. He has submitted further that Hariram Rai, who is allegedly order giver, has been granted regular bail by the coordinate Bench of this Court and the case of the petitioner is on better footing. On the other hand, the learned APP has opposed the prayer for bail.

Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned A.D.J.-VIII, Saran at Chapra in connection with Parsa P.S. Case No. 254 of 2021, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the

Patna High Court CR. MISC. No.68667 of 2022(2) dt.14-03-2023 3/3 bail of the petitioner and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) Mahesh/- U T