Kundan Kumar @ Kundan Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38012 of 2018 Arising Out of PS.Case No. -143 Year- 2018 Thana -MUNGER MUFFASIL District- MUNGER ======================================================
1. Kundan Kumar @ Kundan Yadav, S/o Rajendra Yadav @ Rajo Yadav,
2. Sonu Yadav, @ Sonu Kumar, S/o Late Chakki Yadav, Both are resident of Village- Katariya, P.S.- Muffasil, District- Munger. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajesh Kumar For the Opposite Party/s : Mr. Sri Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 05-07-2018 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 504, 506, 448/34 of the Indian Penal Code and Section 27 of the Arms Act.
The prosecution case as per the written report of Sunny Yadav dated 11.05.2018 submitted to the Station House Officer, Munger Muffasil, P.S. is to the effect that on 10.05.2018 at 6.30PM the petitioners were peeking the courtyard
Patna High Court Cr.Misc. No.38012 of 2018 (2) dt.05-07-2018 of the informant. On protest being made, the petitioners abused the informant and assaulted him. Subsequently on 11.05.2018 at 1.00 AM., the accused persons came near house of the informant, hurled abuses and resorted to fire. It is submitted by the learned counsel for the petitioners that the petitioners are the resident of the different villages and the never used to visit the informant's village, hence, frivolous accusation has been levelled. Admittedly no injury has been caused either to the informant or any one by firing as the firing was made in air.
Learned APP, however, submits that the petitioners are named in the FIR with specific accusation. Considering the nature of accusation, no injury was caused to the informant or anyone else coupled with the statement made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger in
Patna High Court Cr.Misc. No.38012 of 2018 (2) dt.05-07-2018 connection with Munger Muffasil P.S. Case No. 143 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) DKS/- U T