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Patna High Court/16082/2021bail granted

Kundan Kumar v. The State Of Bihar

2021-07-20Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16082 of 2021 Arising Out of PS. Case No.-388 Year-2019 Thana- BIDUPUR District- Vaishali ====================================================== KUNDAN KUMAR, Son of Sohan Rai, Resident of Village - Mathura Tolechak, P.S.- Bidhupur, Distt.- Vaishali.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajendra Nath Sinha, Advocate.

For the Opposite Party/s :

Mrs. Rita Verma, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 20-07-2021 Let the defects be removed within four weeks of the start of the physical Court.

Heard the parties in virtual Court.

The petitioner is languishing in custody for the offence punishable under Section 394 of the Indian Penal Code. The F.I.R. of the occurrence of robbery is against unknown. Name of the petitioner surfaced in the extracted confessional statement of co-accused. Petitioner is in custody since 17.08.2020.

Submission is that the petitioner was never put on T.I. parade during investigation of the case nor any incriminating article was recovered from his possession. In fact, the petitioner is victim of police atrocity due to his criminal antecedents. Considering the submission aforesaid, especially lack

Patna High Court CR. MISC. No.16082 of 2021(2) dt.20-07-2021 2/2 of sufficient material against the petitioner in this case for further detention, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Bidupur P.S. Case No. 388 of 2019, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) mantreshwar/- U T