Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20193 of 2024 Arising Out of PS. Case No.-67 Year-2021 Thana- ALAMNAGAR District- Madhepura ====================================================== KUNDAN KUMAR SON OF RADHE PASWAN R/O-ITHARI P.S.- ALAMNAGAR, DISTT.-MADHEPURA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vidyapati Singh For the Opposite Party/s :

Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-08-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Alamnagar P.S. Case No. 67 of 2021 dated 27.03.2021 registered for the offences punishable u/ss 302, 120B read with section 34 of the Indian Penal Code and section 27 of the Arms Act.

3. As per the prosecution case, some unknown miscreants boarded on motorcycle shot the informant's brother Muneshwar Mandal dead near the bridge of Karuna village when he was returning to his house from Alamnagar.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of the

Patna High Court CR. MISC. No.20193 of 2024(5) dt.07-08-2024 2/2 petitioner has figured in this case in the self-confessional statement of the petitioner. The place of occurrence is Alamnagar, Karuna Basa bridge while the tower location of the petitioner is Itahri Kadwa Basa on the relevant day of the alleged occurrence. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 21.12.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Udakishunganj, Madhepura in connection with Alamnagar P.S. Case No. 67 of 2021, with a condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T