Kundan Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.15022 of 2016 (3) dt.17-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15022 of 2016 Arising Out of PS.Case No. -228 Year- 2015 Thana -MAHNAR District- VAISHALI(HAJIPUR) ======================================================

1. Kundan Kumar Son of Devendra Singh Resident of Babu Muhalla, Mahnar, Police Station - Mahnar, District - Vaishali at Hajipur .... .... Petitioner

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjan Kumar Singh For the Opposite Party/s : Mr. M.Haque(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 17-05-2016 Heard learned counsel for the petitioner and learned APP for the Sate.

The petitioner seeks bail in connection with Mahnar P.S. Case No. 228 of 2015 registered for the offence punishable under Sections 414/34 of the Indian Penal Code. Allegedly, after seeing the Police party two persons started fleeing away but both were apprehended by the Police and they disclosed their name as Rohit Sah and Kundan Kumar (petitioner). The motorcycles which were left by them were also seized and further on the basis of confessional statement of Rohit Sah some looted motorcycles were also recovered from the house of other co-accused.

Submission is of false implication and that the petitioner ha been apprehended only on suspicion, similarly situated other

Patna High Court Cr.Misc. No.15022 of 2016 (3) dt.17-05-2016 co-accused Rohit Sah has already been allowed bail and the petitioner having no criminal antecedent is suffering in custody since 27.12.2015.

Learned APP opposes the prayer of bail.

In the facts and circumstances stated above, considering that another co-accused has been allowed bail, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate VI, Vaishali at Hajipur in connection with Mahnar P.S. Case No. 228 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T