Patna High CourtCR. MISC./75484/2023bail granted

Kundan Kumar Sahani @ Kundan Kumar @ Pawan Kumar Sahani v. The State Of Bihar

2023-12-11Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75484 of 2023 Arising Out of PS. Case No.-286 Year-2023 Thana- SIKARPUR District- West Champaran ====================================================== Kundan Kumar Sahani @ Kundan Kumar @ Pawan Kumar Sahani, Son Of Sri Bikrama Sahani, R/O Village- Nandpur, Ward No. 4, P.S.- Shikarpur, District- West Champaran.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Sagar Kumar, Advocate For the Opposite Party :

Mr. Yogendra Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 11-12-2023 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 Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in connection with Shikarpur P.S. Case No. 286 of 2023 dated 11.04.2023 registered for the offences punishable under Sections 147, 342, 323, 332, 353, 504 and 506 of the I.P.C.

4. As per the prosecution case, one Bajrangi Kumar met with an accident between the tractor and the motorcycle in which the motorcycle was also damaged. The

Patna High Court CR. MISC. No.75484 of 2023(2) dt.11-12-2023 2/3 police came and started taking away the said Motorcycle to the police station, in the meantime, co-accused Murli Manohar raised hulla and tried to unload the motorcycle from the tractor. Thereafter, the co-accused Murli Manohar alongwith other accused persons blocked the road, took away the tractor alongwith the motorcycle and obstructed in discharging the police duty.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in this case. There is general and omnibus allegation against the petitioner. No incriminating article has been recovered from possession of the petitioner. The petitioner has two criminal antecedents in which he is on bail as stated in paragraph no. 3 of the bail application.

6. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

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 anticipatory bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand)

Patna High Court CR. MISC. No.75484 of 2023(2) dt.11-12-2023 3/3 with two sureties of the like amount each to the satisfaction of learned court concerned, West Champaran at Bettiah, in connection with Shikarpur P.S. Case No. 286 of 2023, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

8. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T