Kundan Kumar @ Kundan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76229 of 2023 Arising Out of PS. Case No.-617 Year-2023 Thana- ARA NAWADA District- Bhojpur ====================================================== Kundan Kumar @ Kundan Kumar Singh Son Of Satendra Singh @ Satendra Kumar Singh Resident Of Mohalla - L.M. Rai Gali Patna, P.S. - Ara Nawada, District - Bhojpur (BIHAR) ... ... Petitioner/s

Versus

The State Of Bihar, Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shiw Kumar Prabhakar, Advocate For the Informant :

Mr. Manu Tripurari, Advocate Mr. Apurv Harsh, Advocate Mr. Raghu Pratap, Advocate For the Opposite Party/s :

Mr. Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-12-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned counsel for the informant as well as learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in a case in connection with Ara Nawada P.S. Case No. 617 of 2023 dated 28.08.2023 registered for the offence/s punishable u/ss 457, 307, 384 of the Indian Penal Code and 27 of the Arms Act.

4. As per the prosecution case, the petitioner is alleged to have demanded Rs. 10 lakhs as Rangdari and when the

Patna High Court CR. MISC. No.76229 of 2023(2) dt.02-12-2023 2/3 informant objected, the petitioner threatened to kill his family members. Thereafter, on the same day, the petitioner along with his friends came and started firing indiscriminately at his home.

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The informant is not the eyewitness of the said occurrence. The offence under section 307 is not made out. The allegation of firing is general and omnibus. The petitioner is also accused in one more criminal case and he is on bail in the said case as stated at para 3 of the bail petition.

6. Learned counsel for the informant as well as learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner and submitted that the petitioner fired on the informant's house indiscriminately and two cartridges at the outside of the house and six cartridges inside the house were found.

7. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Ara, Bhojpur in

Patna High Court CR. MISC. No.76229 of 2023(2) dt.02-12-2023 3/3 connection with Ara Nawada P.S. Case No. 617 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

8. The application stands allowed.

(Rudra Prakash Mishra, J) guddukr/- U T