Patna High CourtCR. MISC./15798/2024allowed

Kundan Kumar Yadav @ Nandan Kumar v. The State Of Bihar

2024-03-12Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15798 of 2024 Arising Out of PS. Case No.-907 Year-2022 Thana- TURKAULIYA District- East Champaran ====================================================== Kundan Kumar Yadav @ Nandan Kumar, Son of Ramdeni Ray, Resident of Village- Kaparsandi, P.S.- Turkauliya, District- East Champaran, Motihari. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar For the State :

Mr. Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 399, 402 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. As per prosecution case, the allegation against the petitioner along with others is of preparation to commit dacoity.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner was apprehended on spot. The name of the petitioner has come into light on the basis of confessional statement of co-accused persons who apprehended on spot. No incriminating article has been recovered from the

Patna High Court CR. MISC. No.15798 of 2024(2) dt.12-03-2024 2/2 conscious possession of the petitioner. On the basis of suspicion and due to his criminal antecedents, petitioner has been implicated in the present case. He is languishing in judicial custody since 04.11.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned C.J.M., East Champaran at Motihari in connection with Turkauliya P.S. Case No. 907 of 2022. (Sunil Kumar Panwar, J) Arish/- U T