Kundan Kumar Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16363 of 2019 Arising Out of PS. Case No.-558 Year-2018 Thana- KOTWALI District- Patna ====================================================== KUNDAN KUMAR TANTI Son of Munna Prasad Resident of MohallaPatan Devi, Rajma Gali, P.S.- Alamganj, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kr Singh No.1 For the Opposite Party/s :

Mr.Ashraf Ansari ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 27-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 25.08.2018 in connection with Kotwali P.S. Case No. 558 of 2018 for offences punishable under Sections 379, 411 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that while he went to Hanuman temple along with his two sons, some unknown persons cut the gold locket from the neck of his two sons. From CCTV footage the petitioner was identified, who was apprehended and from whose possession two gold lockets were recovered.

It has been submitted by the learned counsel

Patna High Court CR. MISC. No.16363 of 2019(2) dt.27-03-2019 2/3 for the petitioner that he is innocent, bears no criminal history and has been falsely implicated in the aforesaid case. He submits that charge-sheet has already been submitted there being no allegation of tampering with the prosecution witnesses and he has been sufficiently punished.

However, learned APP for the State opposes the prayer for bail.

Considering the nature of allegations and the materials on record as well as the period of custody, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna in connection with Kotwali P.S. Case No. 558 of 2018, subject to the following conditions :

1.

One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

2.

If the petitioner indulges in an offence of similar nature in future, the prosecution will be

Patna High Court CR. MISC. No.16363 of 2019(2) dt.27-03-2019 3/3 at liberty to move the learned court below for cancellation of his bail bonds.

(Nilu Agrawal, J) Rajesh/- U T