Patna High CourtCR. MISC./17411/2019bail granted

Kundan Kumar v. The State Of Bihar

2019-03-28Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17411 of 2019 Arising Out of PS. Case No.-517 Year-2018 Thana- JAHANABAD District- Jehanabad ====================================================== Kundan Kumar, Son of Vidyanand Prasad Resident of Village- Bibipur, P.S.- Pali, District- Jehanabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pravin Kumar For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 20.08.2018 in a case registered for the offence punishable under Section 392 of the Indian Penal Code.

The prosecution case is that the informant's Rs.18,000/-, two mobile phones, relevant documents and a gold chain and a mobile phone were robbed, leading to registration of the FIR against unknown. During investigation, the name of the petitioner sprang up on the confessional statement of co-accused Praduman Kumar and Baiju Kumar.

It is submitted by learned counsel for the petitioner that there is no recovery from the conscious physical possession of the petitioner and the name of the petitioner sprang up on the

Patna High Court CR. MISC. No.17411 of 2019(2) dt.28-03-2019 2/2 confession of co-accused Praduman Kumar and Baiju Kumar and co-accused Praduman Kumar has been granted bail by a Coordinate Bench of this Court vide order dated 19.12.2018 passed in Cr. Misc. No. 76247 of 2018.

Learned APP submits that the name of the petitioner sprang up on the confession of co-accused.

Considering the fact there is no recovery from the conscious physical possession of the petitioners and the name of the petitioner sprang up on the confession of co-accused and the investigation has already been concluded, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Judge 1st, Jehanabad in connection with Jehanabad P.S. Case No. 517 of 2018. (Dinesh Kumar Singh, J) DKS/- U T