Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80008 of 2024 Arising Out of PS. Case No.-205 Year-2024 Thana- NEMDARGANJ District- Nawada ====================================================== 1.

Ajay Kumar (Male), aged about 19 years, Son of Ramotar Chauhan Resident of village- Lodipur, P.S. Nemdarganj, District- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arjun Prasad, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 22-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 147, 149, 148, 341, 323, 324, 325, 326 and 307 of the Indian Penal Code. Allegation against the petitioner and other co-accused persons is to have assaulted the informant and abusing him. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that similarly situated co-accused persons have already been granted bail by a Co-ordinate Bench of this Court passed in Cr. Misc. No. 80313 of 2024. Petitioner has got clean antecedent as stated in para-3 of the petition and the petitioner

Patna High Court CR. MISC. No.80008 of 2024(3) dt.22-03-2025 2/2 and informant are next door neighbours (Gotiya) and enmity regarding the land dispute is also going on.

Learned APP for the State opposes the prayer for anticipatory bail of the petitioner.

In view of the aforesaid facts as also the fact that similarly situated co-accused persons have been granted bail, so I am not inclined to grant anticipatory bail to the petitioner. Accordingly, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the court below within a period of six weeks from today, on furnishing bail bond of Rs.10,000(ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Nawada in connection with Nemdarganj P.S. Case No. 205 of 2024, P.T.N. 2606 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Ramesh Chand Malviya, J) Brajesh Kumar/- U T