Kunal Kumar @ Kulkul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2010 of 2022 Arising Out of PS. Case No.-69 Year-2020 Thana- TEGHRHA District- Begusarai ====================================================== Kunal Kumar @ Kulkul Son Of Ram Prakash Singh Resident Of VillageMadhurapur, Puwari Tola, Suraj Nagar, Ward No. 12, P.S.- Phulwaria, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mirtyunjay Kumar Mishra, Advocate For the Opposite Party/s :

Mr.Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 03-09-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Teghra P.S. Case No. 69 of 2020 registered for the offence under Section 386 of the Indian Penal Code.

The accused/petitioner is not named in the F.I.R. and is in custody since 22.08.2020.

The allegation against the petitioner is to snatch three

(3) pair of shoes from the shop of the informant by advancing threatening of life by showing pistol, and alleged to extort Rs. 3000/-.

Patna High Court CR. MISC. No.2010 of 2022(3) dt.03-09-2022 2/3 Learned counsel appearing on behalf of the petitioner submitted that petitioner was remanded in present case from the Fulwaria P.S. Case No. 42 of 2020. It is submitted that petitioner was never put on TIP and, furthermore, nothing incriminating material surfaced/recovered from the physical possession of the petitioner. It is further submitted that similarly situated coaccused person, namely, Punit Kumar @ Putna, has already been granted bail by one of the learned Co-ordinate Bench of this Court through Cr. Misc. No. 59391 of 2021 vide order dated 29.03.2022. While concluding the argument, it has been submitted that investigation is complete, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, while opposing the prayer of bail, fairly conceded that petitioner is not named in the FIR. Considering the facts and circumstances as mentioned above, as nothing incriminating surfaced/recovered during course of investigation to connect petitioner, prima facie, with present occurrence coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Teghra P.S. Case No. 69 of 2020 on furnishing bail bond of Rs.10,000/-

Patna High Court CR. MISC. No.2010 of 2022(3) dt.03-09-2022 3/3 (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai/concerned court, subject to the following conditions as laid down u/s 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) R.S.Sen/- U T