Kundan Kumar @ Kundan Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20460 of 2020 Arising Out of PS. Case No.-111 Year-2019 Thana- BEERPUR District- Begusarai ====================================================== Kundan Kumar @ Kundan Sahni S/o Om Prakash Sahni Resident of VillageSanghai Tol, Khausi, P.S.- Godpura, Distt- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yogesh Kumar For the Opposite Party/s :

Mr. Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-09-2020 The matter has been taken up through virtual Court proceeding.

Since the court proceeding is non-functional in physical mode due to the present pandemic COVID-19, the matter is listed with defects.

Learned counsel for the petitioner undertakes to remove the defects within three weeks of the resumption of the physical Court proceedings.

In case of non-removal of the defects, the office shall place the matter before the bench. Heard learned counsel for the petitioner and learned counsel for the State.

Patna High Court CR. MISC. No.20460 of 2020(3) dt.10-09-2020 2/3 The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 392 of the Indian Penal Code, 1860.

The prosecution case as per the fardbeyan of Jaiprakash Mishra, recorded by S.I., Amar Kumar, S.H.O, Birpur Police Station on 20.08.2019 at 11:00 A.M is to the effect that on the same day, the informant was travelling by his motorcycle, on the way, he stopped his motorcycle to ease out but in the meanwhile, three persons came on a motorcycle and robbed the motorcycle of the informant, leading to registration of the F.I.R against three unknown persons. The name of the petitioner sprang up during investigation on the confession of co-accused.

Learned counsel for the petitioner submits that there is no recovery from the petitioner and only on confession of co-accused person, the petitioner has been roped in the present case. Though the petitioner is accused in three other cases, but he is on bail in those

Patna High Court CR. MISC. No.20460 of 2020(3) dt.10-09-2020 3/3 cases.

Considering the fact that petitioner is accused in three other cases of serious nature, this Court is not inclined to grant anticipatory bail to him. The prayer for anticipatory bail stands rejected in connection with Birpur P.S. Case No. 111 of 2019, pending in the Court of learned Chief Judicial Magistrate, Begusarai. However, the present order will not prejudice the learned Court below to consider the prayer for regular bail of the petitioner.

(Dinesh Kumar Singh, J) Shageer/- U T