Kundan Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.55835 of 2015 (2) dt.18-12-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55835 of 2015 Arising Out of PS.Case No. -163 Year- 2015 Thana -WARSALIGANJ District- NAWADA ======================================================

1. Kundan Kumar son of Anirudh Prasad, resident of Mohalla- Mudlachak Warisaliganj, P.S. Warsaliganj, Dist- Nawada. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Birendra Kumar For the Opposite Party/s : Mr. Narendra Kumar Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 18-12-2015 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner, namely, Kundan Kumar is in custody in Warisaliganj P.S. Case No.163 of 2015 under Section 379 of the Indian Penal Code.

According to the F.I.R., some unknown person theft the motorcycle. Nothing has been recovered from the possession of the petitioner or co-accused persons and even still today, according to the learned counsel for the petitioner, motorcycle has not been recovered. The learned counsel further submitted that in similarly situated case, the co-accused, Munna Kumar @ Munna Singh has already been granted bail by this Court in Cr. Misc. No.54905 of 2015.

Patna High Court Cr.Misc. No.55835 of 2015 (2) dt.18-12-2015 Considering the above facts that from the possession of the petitioner nothing has been recovered, I direct the petitioner named above to be released on bail on furnishing bail bond of Rs.5,000/-(Rupees five thousand) with two sureties of the like amount each to the satisfaction of Shri S.C. Kumar, the learned Judicial Magistrate Ist Class, Nawada in connection with Warisaliganj P.S. Case No.163 of 2015.

(Mungeshwar Sahoo, J) Saurabh/- U T