Priyadarshi Kunal @ Kunal Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85172 of 2023 Arising Out of PS. Case No.-83 Year-2020 Thana- MORKAHI District- Khagaria ====================================================== Priyadarshi Kunal @ Kunal Singh S/o Kaushal Kishore Singh R/o villageBachhauta, P.S-Morkahi, District-Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vivekanand Singh, Advocate For the Opposite Party/s :
Mr.Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 31-01-2024 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 Morkahi P.S. Case No. 83/2020 dated 10.08.2020 registered for the offences punishable under Sections 147, 341, 323, 307, 325, 379, 504, 506 and 120B of the Indian Penal Code.
4. As per the prosecution case, the petitioner and the co-accused persons are alleged to have abused and assaulted the informant. Thereafter, the co-accused Govind Kumar assaulted
Patna High Court CR. MISC. No.85172 of 2023(2) dt.31-01-2024 2/3 with country-made pistol on the temporal region of the informant. It is further alleged that the petitioner assaulted the informant with iron rod on his feet and the co-accused Sushant Singh snatched his mobile phone and all the accused persons threatened to kill him.
5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. There is a delay of 23 days in lodging the FIR. The other co-accused person has already been granted bail by the Co-ordinate Bench vide order dated 06.06.2022 passed in Cr. Misc. No. 40376 of 2021. It is further submitted that the injury is on non-vital part of the body.
6. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner by submitting that there is specific allegation of assault against 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/- (Rupees twenty thousand) with two sureties of the like
Patna High Court CR. MISC. No.85172 of 2023(2) dt.31-01-2024 3/3 amount each to the satisfaction of the learned court concerned, Khagaria in connection with Morkahi P.S. Case No. 83/2020, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.
8. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T