Krishna Kumar @ Sonu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2831 of 2024 Arising Out of PS. Case No.-414 Year-2023 Thana- KOTWALI District- Munger ====================================================== Krishna Kumar @ Sonu S/O Shankar Prasad Resident Of Village- Gandhi Chawk, Gulzar Pokhar, Ps- Kotwali, District - Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sourabh Kuamr, Advocate Mr. Manoj Kumar Singh, Advocate For the Opposite Party/s :

Mr. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 31-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

02. In the present case, the petitioner is apprehending his arrest in connection with Kotwali P.S. Case No. 414 of 2023 registered on 10.09.2023, for the alleged offence under Sections 341, 323, 324, 307, 504, 506/34 of the Indian Penal Code.

03. As per prosecution case, the petitioner and other co-accused persons surrounded the informant and two of the coaccused persons caught hold of him and another co-accused, Lalan Patwa, gave a blow of iron rod on the head of the informant who fell down. Thereafter, he was further assaulted by slaps and fists by the petitioner and other co-accused persons.

Patna High Court CR. MISC. No.2831 of 2024(2) dt.31-01-2024 2/3

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. There is no specific allegation against the petitioner for causing any injury to the informant. The specific allegation is against one Lalan Patwa who gave iron rod blow on the head of the informant. There is counter version of the same occurrence and Munger Kotwali P.S. Case No. 415 of 2023 has bee lodged by one Dukhan Prasad Patwa, grandfather of the petitioner, against the informant and others. The petitioner is having criminal antecedent of one case and he is on bail in that case.

05. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

06. Having regard to the facts and circumstances and submission made on behalf of the parties and considering the non-specific nature of allegation against the petitioner and also considering the case and counter case between the parties, let the petitioner above named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger/concerned court in connection with

Patna High Court CR. MISC. No.2831 of 2024(2) dt.31-01-2024 3/3 Munger Kotwali P.S. Case No. 414 of 2023, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions: (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) Ashish/- U T