Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14000 of 2022 Arising Out of PS. Case No.-314 Year-2020 Thana- WARISLIGANJ District- Nawada ====================================================== Kundan Kumar Son Of Shri Mahesh Yadav @ Maho Yadav Resident Of Ward No. 19, Balawapar, Warisaliganj, P.S.- Warisaliganj, District - Nawada. ... ... Petitioner/s

Versus

The State Of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Suryakant Kumar For the Opposite Party/s :

Mr. Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-11-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 419 and 406 of the Indian Penal Code.

According to F.I.R. the father of the petitioner had taken money from informant for the purchase of land but after taking of money father of the petitioner is not willing to sell the land to the informant rather he has sold it to another person on the basis of forged documents.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.14000 of 2022(2) dt.03-11-2022 2/2 case. He submits that from the perusal of the F.I.R. it is evident that no offence is made out under Section 409 and 406 of the Indian Penal Code against the petitioner. He submits that there is no specific overt act against the petitioner. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail. Considering the facts and circumstances of the case and the fact that there is no specific overt act against the petitioner, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Warisaliganj P.S. Case No. 314 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) ajay/- U T