Kundan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75724 of 2023 Arising Out of PS. Case No.-631 Year-2023 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== 1.

Kundan Singh S/O Raj Kumar Singh R/O Village- Basatpur, P.S- Motihari Muffasil, Distt.- E. Champaran.

2.

Pawan Singh S/O Raj Kumar Singh R/O Village- Basatpur, P.S- Motihari Muffasil, Distt.- E. Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anshu Dhar Sharma For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-12-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 307, 120(B) of the Indian Penal Code and Section 27 of Arms Act. The allegation against the petitioners and other co-accused persons is that they threatened the informant's nephew to compromise previous litigation. It is further alleged that co-accused persons fired upon

Patna High Court CR. MISC. No.75724 of 2023(2) dt.01-12-2023 2/3 informant and his nephew.

It is submitted by learned counsel for the petitioners that the petitioners are innocent and they have committed no offence. They have falsely been implicated in the present case. It is further submitted that on the date and time of the alleged offence, the petitioners are in jail. There is no specific allegation of firing levelled against the petitioners rather the allegation of firing is against co-accused Aman Kumar and Priyanshu Kumar It is also submitted that petitioners are languishing in judicial custody since 13.09.2023. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Motihari Muffasil P.S. Case No.

Patna High Court CR. MISC. No.75724 of 2023(2) dt.01-12-2023 3/3 631 of 2023 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 CJM, InCharge, East Champaran, Motihari. (Sunil Kumar Panwar, J) Nirajkrs/- U T