Patna High CourtCR. MISC./35921/2018bail granted

Kunal Singh @ Kunal Kumar Singh And ORS v. The State Of Bihar

2018-07-02Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35921 of 2018 Arising Out of PS.Case No. -133 Year- 2017 Thana -BHELDI District- SARAN ======================================================

1. Kunal Singh @ Kunal Kumar Singh,

2. Kundan Singh @ Kintu @ Kundan Kumar Singh, Both sons of Prabhu Nath Singh,

3. Kamlesh Kumar @ Kameshwar Sah, R/o Ram Prit Sah, All R/o VillageGangai, P.S.- Bheldi, District- Saran at Chapra. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Tez Pratap Singh, Advocate. For the Opposite Party/s : Mr. Murlidhar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 02-07-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Bheldi P.S.Case No. 133 of 2017 registered under Sections 341, 323, 324, 353, 379, 504, 506/34 of the Indian Penal Code. It is submitted that as far as petitioner nos. 1 and 3 are concerned, there is no allegation that they used any weapon in the assault caused upon any one. As far as petitioner no. 2 Kundan Singh is concerned, there is allegation that he inflicted dagger blow to one Om Prakash Singh, a co-villager but the injury sustained by him appears to be simple in nature. It is further submitted that there is case and counter case and in the counter

Patna High Court Cr.Misc. No.35921 of 2018 (2) dt.02-07-2018 2/2 case, after finding the allegations to be true the police have already submitted charge-sheet.

Learned counsel for the State opposed the application for grant of pre-arrest bail of the petitioners. Considering the facts and circumstances of the case, in the event of arrest or surrender before the court below within four weeks from today, the petitioners are directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M-XII, Saran at Chapra in connection with Bheldi P.S.Case No. 133 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Pradeep/Sneha U T