Kundan Kumar @ Kundan Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22447 of 2023 Arising Out of PS. Case No.-212 Year-2022 Thana- MADHEPURA District- Madhepura ====================================================== Kundan Kumar @ Kundan Das Son Of Havlarayan Das Resident Of Village - Barahmotor, P.S.- Madhepura (Bharrahi O.P.), District - Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amarnath Jha For the Opposite Party/s :

Mr. Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 354, 379, 504 and 34 of the Indian Penal Code. As per the prosecution case, the allegation against the petitioner is that he had snatched a golden chain worth Rs. 35,000/- from the neck of the daughter-in-law of the informant. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the occurrence took place on 26.02.2022 and the FIR was lodged on 05.03.2022, after delay of more than nine days and there is no reasonable explanation to the delay in lodging the

Patna High Court CR. MISC. No.22447 of 2023(3) dt.03-07-2023 2/2 FIR, which creates serious doubt on the prosecution case. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposes prayer for anticipatory bail.

Considering the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Madhepura (Bharrahi) P.S. Case No. 212 of 2022, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T