Partly allowed

Kundan Kumar v. The State of Bihar

Patna HC10 Feb 2023CR. MISC./3047/2023

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to three petitioners apprehending arrest in an assault case. The court noted injuries were simple in nature and directed them to appear in the lower court within six weeks.

What did the court decide?

Petitioners released on bail for Rs. 25,000 each with two sureties each of like amount if arrested or surrender within six weeks, subject to Section 438(2) CrPC conditions.

Kundan Kumar Vs The State of Bihar — Bail and Remand | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2916 of 2023

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Arising Out of PS. Case No.-333 Year-2022 Thana- DALSINGHSARAI District- Samastipur

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======================================================

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1. SHAILENDRA DAS @ SHAILENDRA RAM @ SULENDRA RAM SON OF SEVAK RAM R/O VILLAGE- AJNAULDIH WARD NO.10, P.S.DALSINGHSARAI, DISTRICT- SAMASTIPUR

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SANTOSH KUMAR SON OF SEVAK RAM R/O VILLAGEAJNAULDIH WARD NO.10, P.S.- DALSINGHSARAI, DISTRICTSAMASTIPUR

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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======================================================

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with CRIMINAL MISCELLANEOUS No. 3047 of 2023

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Arising Out of PS. Case No.-333 Year-2022 Thana- DALSINGHSARAI District- Samastipur ====================================================== KUNDAN KUMAR S/O SEVAK RAM Resident of village- Ajnauldih Ward No- 10, P.S.- Dalsingsarai, District- Samastipur.

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... ... Petitioner/s

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Versus

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The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 2916 of 2023) For the Petitioner/s : Mr.Ram Jiban Pd. Singh, Adv. For the Opposite Party/s : Mr.Sanjay Kumar Tiwary, APP (In CRIMINAL MISCELLANEOUS No. 3047 of 2023) For the Petitioner/s : Mr.Ram Jiban Pd. Singh, Adv. For the Opposite Party/s : Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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2 10-02-2023 Heard learned counsel for the petitioners and learned APP

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for the State.

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The petitioners apprehend their arrest in a case registered

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Patna High Court CR. MISC. No.2916 of 2023(2) dt.10-02-2023 2/3

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for the offence punishable u/s 341, 323, 307, 325, 354, 379, 504, 506, 34 of the IPC.

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As per the prosecution case, the F.I.R. named accused persons along with other accused persons entered into the house of informant and started abusing and assaulting the informant’s side.

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It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. For the alleged occurrence, there is case and counter-case between the parties and both sides have sustained injuries which are simple in nature. Petitioners have one criminal antecedent.

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Learned APP for the State opposed the prayer for bail.

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Having regard to the facts and circumstances of the case, since the injuries are simple in nature, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/(Rupees Twenty Five Thousand) each with two sureties of the

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Patna High Court CR. MISC. No.2916 of 2023(2) dt.10-02-2023 3/3

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like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Dalsinghsarai P.S. Case No.333 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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(Anjani Kumar Sharan, J)

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pallavi/-

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U T

Kundan Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Kundan Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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