Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25688 of 2022 Arising Out of PS. Case No.-750 Year-2021 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== KUNDAN KUMAR S/o Ram Pravesh Prasad @ Ram Pravesh Singh R/o village- Chakdhari, P.S.- Daniwayan, District- Patna, at present Resident of Transport Nagar, P.S.- Agamkuan, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lakshmi Kant Sharma For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 31-08-2022 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.

The petitioner has preferred this application for grant of regular bail in a case registered u/s 395 and 397 of the Indian Penal Code. Later on, Section 412 of the I.P.C. was added. As per the prosecution case, 5 to 6 unknown miscreants armed with lethal weapons entered the house of the informant and started assaulting and abusing. They stabbed the informant's son in his thigh and looted gold and silver worth about 10 to 15 lakhs.

Patna High Court CR. MISC. No.25688 of 2022(2) dt.31-08-2022 2/2 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is not named in the F.I.R. and the name of the petitioner has surfaced during the course of investigation. The petitioner is in custody since 25.12.2021. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the petitioner is the proprietor of a mobile shop and he used to issue SIMs on fake ID proofs which were used by the accused persons in the said crime which showed his indirect involvement in the crime alleged.

Considering the aforesaid facts and circumstances of the case, the petitioner is directed to be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Begusarai Town P.S. Case No. 750 of 2021.

The application stands allowed.

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