Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25096 of 2021 Arising Out of PS. Case No.-552 Year-2020 Thana- ALAMGANJ District- Patna ====================================================== KUNDAN KUMAR Son of Late Ravindra Singh Resident of Village - Gauri P.S. - Chandi, District - Nalanda at Bihar Sharif ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Pandey, Advocate For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-01-2022 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Alamganj P.S. Case no. 552 of 2020 instituted for the offence under Sections 419, 420, 467, 468, 471 of the Indian Penal Code.

As per allegation in the FIR, co-accused Mohit Kumar was caught when he was appearing in an examination against the admit card of the petitioner.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.25096 of 2021(2) dt.19-01-2022 2/2 has submitted that petitioner has been falsely implicated in this case. The name of the petitioner has not been disclosed by the co-accused Mohit Kumar, who was apprehended on the spot. Petitioner has not received any unlawful gain. Specific allegation of fraud is against Mohit Kumar and not against the petitioner.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Alamganj P.S. Case no. 552 of 2020, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Patna City, Patna, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U T