Kundan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22153 of 2021 Arising Out of PS. Case No.-421 Year-2020 Thana- LAHERIMUHALLA District- Nalanda ====================================================== KUNDAN KUMAR SON OF SHRI ARVIND KUMAR R/O VILLAGEKAUTAUNIYANPUR, P.S.- MANPUR, DISTRICT- NALANDA. ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Thakur, Advocate Mr. Shivam, Advocate For the Opposite Party/s :
Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 12-01-2022 Heard Mr. Ajay Kumar Thakur, learned Advocate for the petitioner and the learned APP for the State.
The petitioner seeks bail in anticipation of his arrest in connection with Laheri P.S. Case No. 421 of 2020 dated 02.10.2020 instituted for the offences under Sections 420, 419 and 34 of the Indian Penal Code. On suspicion against the petitioner of cheating people by tempting them for purchasing lottery tickets and assuring them that he would get loans passed in their favour, a raid was conducted in the rented house of the petitioner from where he could manage to escape. On search from the room occupied by the petitioner, two cheque books; one mobile telephone set; a PAN card of one person by the name of Bobby Deol;
Patna High Court CR. MISC. No.22153 of 2021(2) dt.12-01-2022 2/3 five ATM cards and document pertainnig to a vehicle as well as cash amount of Rs. 10,150/- was recovered. A Pulsar motorcycle also was recovered.
Learned counsel for the petitioner has submitted that the accusation against him is absolutely false and based on unfounded suspicion. Whatever has been recovered from the room of the petitioner cannot be dubbed as incriminating articles, giving credence to the suspicion against the petitioner of his indulging in cheating.
Apart from this, it has been submitted that the accusation has been levelled against him at the instance of her landlady, who wants to evict the petitioner from her house.
The petitioner has clean antecedents.
All the accusation against the petitioner are based on the information provided to the police officer by the landlady.
Regard being had to the weak nature of accusation against the petitioner, he is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like
Patna High Court CR. MISC. No.22153 of 2021(2) dt.12-01-2022 3/3 amount each to the satisfaction of the learned Additional Chief Judicial Magistrate V, Nalanda (Biharsharif) in connection with Laheri P.S. Case No. 421 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Ashutosh Kumar, J) krishna/- U T