Kundan Kumar @ Dhiraj Kumar @ Mallika v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1032 of 2017 Arising Out of PS.Case No. -33 Year- 2015 Thana -BHAGWANPUR District- BEGUSARAI ====================================================== Kundan Kumar @ Dhiraj Kumar @ Mallika, Son of Rampravesh Singh, resident of Village- Bhitha, Police Station- Bhagwanpur, DistrictBegusarai. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ravi Shanker Pankaj, Advocate. For the Opposite Party : Mr. Amrendra Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-02-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 24.10.2016 in connection with Bhagwanpur P.S. Case No. 33 of 2015 for the offences instituted under Sections 364/34 of the IPC. The prosecution story, in brief, is that the son of the informant, namely, Amarjit Kumar @ Amar Kumar, went alongwith this petitioner, co-accused persons, namely, Mukesh Singh @ Ramkrishna Singh and Binod Kumar on a vehicle but he did not return. The informant has raised suspicion against this petitioner and the aforesaid two co-accused persons that they kidnapped his son for murder.

Patna High Court Cr.Misc. No.1032 of 2017 (2) dt.16-02-2017 2/2 It has been submitted on behalf of the petitioner that the petitioner is in custody since 24.10.2016 and the charge sheet has been submitted in the present case. There is no allegation of tampering of the witnesses alleged against the petitioner. He has falsely been implicated in the present case. There is no substantive evidence to suggest his implication in the present case. The other co-accused persons have been granted bail by another co-ordinate Benches of this Court vide Cr. Misc. Nos. 40335 of 2016 and 49623 of 2016.

On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, 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 the learned C.J.M., Begusarai, in connection with Bhagwanpur P.S. Case No. 33 of 2015. U.K./- (Sudhir Singh, J) U T