Kundan Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.12829 of 2015 (2) dt.28-05-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12829 of 2015 Arising Out of PS.Case No. -31 Year- 2015 Thana -GOPALGANJ CITY District- GOPALGANJ ====================================================== Kundan Kumar son of Ganpat Prasad, Resident of village- Sadhuchak, Gopalganj, P.s.- Gopalganj, District- Gopalganj .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Naresh Chandra Verma For the Opposite Party/s : Mr. Md.Fahimuddin(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 28-05-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody since 25.01.2015 in connection with Gopalganj P.S. Case No. 31 of 2015 for the offence registered under section 379/34 of the Indian Penal Code. Learned counsel for the petitioner submits that the informant has not named this petitioner but being driver of the vehicle on which the informant has travelled, he has been taken into custody. It is further submitted that the owner of the vehicle was also arrested, however, it is submitted that though the occurrence is of 11.01.2015 but the FIR in the present case, has been lodged on 24.01.2015 and no plausible explanation has been offered for the delay in lodging of the same.

Patna High Court Cr.Misc. No.12829 of 2015 (2) dt.28-05-2015 Considering the aforesaid submissions and the period of custody and also the fact that petitioner has no criminal antecedent, let the petitioner, as mentioned above, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gopalganj in connection with Gopalganj P.S. Case No. 31 of 2015.

(Anjana Mishra, J) Jagdish/- U T