Sundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87445 of 2019 Arising Out of PS. Case No.-691 Year-2019 Thana- MADHEPURA District- Madhepura ====================================================== 1.

Sundan Kumar Son of Rudra Narayan Yadav Resident of Village - Chakala, Ward No. 14, P.S. and District - Madhepura.

2.

Jay Nath Yadav Son of Harinandan Yadav Resident of Village - Chakala, Ward No. 14, P.S. and District - Madhepura.

3.

Rupesh Kumar Son of Jaynath Yadav Resident of Village - Chakala, Ward No. 14, P.S. and District - Madhepura.

4.

Ravi Kumar Son of Shambhu Yadav Resident of Village - Chakala, Ward No. 14, P.S. and District - Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 04-01-2021 Heard Mr. Dinesh Prasad Verma, learned counsel for the petitioners and the learned APP for the State.

Mr. Verma, learned Advocate has informed this Court that during the pendency of this petition, petitioner no. 4 (Ravi Kumar) has been arrested. The application with respect to petitioner no. 4 is dismissed as having become infructuous.

The petitioners no. 1 to 3 seek bail in anticipation of their arrest in connection with Madhepura P.S. Case No. 691 of 2019 dated 08.08.2019 instituted for the offences under Sections 147, 148, 149, 341,

Patna High Court CR. MISC. No.87445 of 2019(3) dt.04-01-2021 2/3 323, 307 and 506 of the Indian Penal Code and Section 27 of the Arms Act.

Several persons have been made accused in this FIR with general and omnibus allegation of assaulting the prosecution side. Specifically, the act of firing on the prosecution side has been levelled on coaccused Manish Kumar. No specific overt act has been attributed against the petitioners.

It has further been submitted that there is a counter version to this case also. Some of the accused persons of the counter case have been granted anticipatory bail as has been informed by the learned counsel for the petitioners during the course of hearing. The petitioners no. 1 to 3 have got clean antecedents.

Regard being had to the aforestated facts, the petitioners no. 1 to 3 viz. Sundan Kumar, Jay Nath Yadav and Rupesh Kumar respectively are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt/production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhepura in connection with

Patna High Court CR. MISC. No.87445 of 2019(3) dt.04-01-2021 3/3 Madhepura P.S. Case No. 691 of 2019, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Ashutosh Kumar, J) krishna/- U T