Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16864 of 2020 Arising Out of PS. Case No.-12 Year-2019 Thana- AHIYAPUR District- Muzaffarpur ====================================================== KUNDAN KUMAR Son of Ganesh Sah Resident of Village - Muradpur Dullah, Zero Mile , P.S.- Ahiyapur, Dist.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 392 of the Indian Penal Code.

Allegedly, at 2.45 pm, on 03.01.2019 four unknown criminals entered into the premises of Saija Finance Ltd. Situated at Zeero Mile, Muzaffarpur and overpowered the informant and other staff and committed loot of collected amount of Rs. 8,30,609/- along with other documents.

Patna High Court CR. MISC. No.16864 of 2020(2) dt.02-06-2020 2/3 It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 20-11-2019. Charge sheet has already been submitted. The petitioner is not named in the FIR. His name transpired in this case on the basis of confessional statement of co-accused, Mithun Sahani. There is no recovery of any incriminating article from possession of the petitioner. The petitioner was not put on test identification parade. The other co-accused with similar allegation has been granted bail by a coordinate bench of this court vide order dated 06-11-2019 passed in Cr. Misc. No. 72407 of 2019. On behalf of the State, it is submitted that the petitioner is not named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, the petitioner, above named, is directed to be released on bail on his personal bond to the satisfaction of learned Judicial Magistrate-Ist Class, Muzaffarpur in connection with Ahiyapur P.S. Case No. 12 of 2019.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of four

Patna High Court CR. MISC. No.16864 of 2020(2) dt.02-06-2020 3/3 weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T