Angad Kumar @ Angad Kunwar @ Mutna v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 19110 of 2020 ============================================================ Angad Kumar @ Angad Kunwar @ Mutna, aged about 30 years, male son of Jayram Kunwar @ Jai Ram Kunwar, resident of village - Near Hanuman Mandir, Bhawanthpur, Police Station - Akbarnagar, District Bhagalpur. ................
Petitioner
Versus
The State of Bihar ................. Opposite party ============================================================ Appearance For the Petitioner : Mr. Ravi Shankar Pankaj, Advocate For the State : Mr. Pramod Kumar Pandey,APP ============================================================= CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24.08.2020 Heard learned counsel for the petitioner and learned A.P.P for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Bihpur P.S. Case no. 20 of 2019 registered under section 392 of the Indian Penal Code against three unknown persons.
As per allegation in the F.I.R., while the informant was returning with a sum of Rs.1.30 lacs on his motorcycle, it is stated that one person signalled him to stop. As soon as he stopped his motorcycle, the accused persons took out the key to the motorcycle while another person on the point of pistol took
away the bag which contained the amount of Rs.1.30 lacs. All the accused persons escaped in the opposite direction. It is submitted by learned counsel for the petitioner that the F.I.R. was registered against unknown. The name of the petitioner transpired in course of investigation on the confessional statement of one co-accused Gunjan Kumar before the police. It is submitted that the said Gunjan Kumar has been enlarged on bail vide order dated 28.8.2019 (Annexure-2) passed in Cr. Misc. no.53096 of 2019. It is further submitted that the petitioner had been falsely implicated in other cases wherein he was acquitted or was granted bail and it is because of his having been implicated in those cases that the petitioner has been falsely implicated in the present case. The petitioner is in custody since 21.6.2019.
The application for bail is opposed by learned A.P.P. for the State who submits that the petitioner has a number of cases pending against him.
Having heard learned counsel for the parties and taking into consideration the fact that the co-accused who is alleged to have taken the name of the petitioner has himself been enlarged on bail vide order contained in Annexure-2, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Bihpur P.S. Case no. 20 of 2019 on furnishing bail bond of Rs.10,000/- with
two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 1st, Naugachhia, Bhagalpur.
(Partha Sarthy, J) Bibhash U T