Kundan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24312 of 2022 Arising Out of PS. Case No.-314 Year-2019 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== KUNDAN YADAV S/o Murlidhar Yadav Resident of Village- Thatha Purbi, P.S.- Mansi, District- Khagaria.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjeet Kumar Singh For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-08-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P. for the State through video-conferencing. The petitioner has preferred this application for grant of regular bail in a case registered u/s 395 and 412 of the Indian Penal Code.

As per the prosecution case, four miscreants boarded on three motorcycles came and assaulted the informant and snatched her purse containing Rs. 8,000/-, Visa and driving license. One miscreant fled away with the Bolero vehicle loaded

Patna High Court CR. MISC. No.24312 of 2022(2) dt.12-08-2022 2/3 with Bananas.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case on mere suspicion. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is accused in two other criminal cases as stated in para 3 of the bail petition. The name of the petitioner has sprung up in the confessional statement of the co-accused Manish Kumar. No T.I.P. was held by the prosecution. The petitioner is in custody since 29.06.2021.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances, as well as the period of his detention, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Sahebpur Kamal P.S. Case No. 314 of 2019, with one condition:-

1. The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable

Patna High Court CR. MISC. No.24312 of 2022(2) dt.12-08-2022 3/3 cause, the bail bond of the petitioner is liable to be cancelled by the concerned Court.

The application stands allowed.

(Chandra Prakash Singh, J) shobhakri/- U T