Kunal Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83326 of 2019 Arising Out of PS. Case No.-186 Year-2019 Thana- BHAGWANPUR District- Vaishali ====================================================== KUNAL KUMAR SINGH Son of Late Ajay Singh Resident of Village - Harpur Kasturi, P.S.- Bhagwanpur, District - Vaishali. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Prabhat For the Opposite Party/s :

Ms.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 18-03-2020 Heard learned counsel for the petitioner, learned APP for the State as well as the informant.

The petitioner seeks bail in Bhagwanpur P. S. Case No. 186 of 2019 instituted for the offence under Section(s) 341, 323, 379 and 307 of the Indian Penal Code.

The allegation in the First Information report is that while the informant was collecting money in the market, the petitioner along with other co-accused persons came and demanded some money which they allegedly had spent in legal expenses arising out of the earlier case lodged against the petitioner by the same informant.

It is submitted by the petitioner's counsel that it is nothing but a false implication as the informant is repeatedly lodging cases against the petitioner. The allegation is that the petitioner

Patna High Court CR. MISC. No.83326 of 2019(3) dt.18-03-2020 2/3 has assaulted the informant with a pistol. The nature of the assault alleged makes the intention clear as in stead of firing from the pistol, it is alleged that the petitioner has assaulted with the same. The petitioner is in custody since 19.09.2019. The learned APP for the State as well as informant have opposed the prayer for bail.

Considering the aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the ACJM-1st Vaishali at Hajipur, in connection with Bhagwanpur P. S. Case No. 186 of 2019, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T

Patna High Court CR. MISC. No.83326 of 2019(3) dt.18-03-2020 3/3