Kundan Kumar @Kundan Kumar Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21123 of 2024 Arising Out of PS. Case No.-614 Year-2023 Thana- SULTANGANJ District- Bhagalpur ====================================================== Kundan Kumar @Kundan Kumar Chaudhary SON OF VYAS DEV CHAUDHARY @ VIYIS DEO CHAUDHARY RESIDENT OF VILLAGE - BHIMKITA, WARD NO. 12, PS- MADHUSUDANPUR (NATHNAGAR), DISTT- BHAGALPUR ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashutosh Kumar For the Opposite Party/s :
Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Sultanganj P.S. Case No. 614 of 2023 registered on 07.11.2023 lodged under Sections 224, 457, 380 of the I.P.C.
3. As per the prosecution case, F.I.R. has been lodged against named accused persons excluding the petitioner to whom there is an allegation of theft in the premises of police building and he has been identified in the CCTV footage.
4. Counsel for the petitioner submits that petitioner is not named in the F.I.R. nor there is any association of the petitioner with the named accused. The named accused had committed crime has been identified in the CCTV footage.
Patna High Court CR. MISC. No.21123 of 2024(2) dt.02-04-2024 2/3 Counsel further submits that his name has been figured by virtue of confessional statement made by the co-accused. Counsel further submits that petitioner is innocent and has committed no offence. He further submits that his name has been figured in this case only due to the reason that he has 5 antecedents in which he is on bail. He further submits that petitioner is in custody since 09.11.2023 and charge-sheet has already been filed.
6. Learned counsel for the State opposes the prayer for bail.
7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail after framing of charge if not framed yet and on being satisfied by the trial Court that he is not absconding in any of the criminal cases pending against him which is mentioned below and on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Bhagalpur in connection with Sultanganj P.S. Case No. 614 of 2023, subject to the conditions laid down under Section 437 (3) of the Cr.P.C.
• NathNagar (Madhushudanpur) P.S. Case No. 186 of 2010
Patna High Court CR. MISC. No.21123 of 2024(2) dt.02-04-2024 3/3 • NathNagar (Madhushudanpur) P.S. Case No. 152 of 2017 • NathNagar (Madhushudanpur) P.S. Case No. 554 of 2018 • NathNagar (Madhushudanpur) P.S. Case No. 105 of 2021 • NathNagar (Madhushudanpur) P.S. Case No. 140 of 2021 (Dr. Anshuman, J) sunnykr/- U