Kunal Gaurav @ Kunal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24831 of 2023 Arising Out of PS. Case No.-122 Year-2020 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== KUNAL GAURAV @ KUNAL KUMAR Son of Krishna Mohan Singh R/o Behind Gyan Bharti High School, Harrakh, Ward no. 12, PS- Town DistBegusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjan Kumar Dubey, Advocate For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-07-2023 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 Section 457/380 of the Indian Penal Code.

The petitioner in association of other co-accused is said to have stolen away CCTV camera, battery and inverter from the rented house of the informant.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. As a matter of fact, a land dispute is going

Patna High Court CR. MISC. No.24831 of 2023(2) dt.07-07-2023 2/2 on between the parties due to which several cases are pending between the parties. It is further submitted that from perusal of the order sheet of Muffasil P.S. Case No.555 of 2019, it appears that in this case the learned Court below had called for the CCTV footage, which was not submitted by the concerned I.O. and to fill up this lacuna this false and fabricated case has been lodged against the petitioner. It is further submitted that although seven cases are pending against the petitioner, out of six in five cases petitioner is on bail. Out of seven cases, three cases have been filed by the informant, one by her staff and two by his other associates.

Having regard to 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 Begusarai P.S. Case No. 122 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T