Kundan Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.46038 of 2017 (2) dt.20-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46038 of 2017 Arising Out of PS.Case No. -213 Year- 2016 Thana -GHOSI District- JEHANABAD ====================================================== Kundan Kumar Son of Anirudh Prasad, Resident of Village-Murlachak, P.S. Warisaliganj, Dist.-Nawada.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Birendra Kumar, Advocate For the Opposite Party/s : Smt. Veena Kumari Jaiswal, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-09-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Ghosi P.S. Case No. 213 of 2016 registered under Section 395 of the Indian Penal Code. Mobile phone and cash of the informant and his khalasi along with the truck has been looted by some unknown miscreants.

It is submitted by learned counsel for the petitioner that the petitioner is neither named in the F.I.R. nor any incriminating article has been recovered from his conscious physical possession. He was also not put on T.I.P. There is nothing in the record indicating his complicity in the occurrence barring confessional statement of the co-accused, namely, Pankaj Kumar

Patna High Court Cr.Misc. No.46038 of 2017 (2) dt.20-09-2017 @ Rajnikant and the said Pankaj Kumar has been enlarged on bail by a co-ordinate bench of this Court vide order dated 10.08.2017 in Cr. Misc. No. 35768 of 2017. The petitioner has been languishing in custody since 19.12.2016.

Considering the facts aforesaid, the above named petitioner is directed to 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 the learned Chief Judicial Magistrate, Jehanabad in connection with Ghosi P.S. Case No. 213 of 2016.

(Prakash Chandra Jaiswal, J) Mishra/- U T