Kundan Patel @ Kundan Kumar Patel v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27087 of 2020 Arising Out of PS. Case No.-63 Year-2020 Thana- MUFFASIL District- West Champaran ====================================================== KUNDAN PATEL @ KUNDAN KUMAR PATEL S/o Kashi @ Anirudh Patel Resident of Village-Srinagar, Ojha Tola, P.S.-Bettiah Muffasil (Manuapul), District-West Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Chandra Verma For the State :
Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-10-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.
The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy.
Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case registered under Section 392 of the Indian Penal Code.
Allegedly, in course of returning his village from Bettiah Mainatand main road, in the way, four unknown miscreants intercepted the informant. It is further alleged that on the point of
Patna High Court CR. MISC. No.27087 of 2020(2) dt.19-10-2020 2/2 pistol, the informant's motorcycle was snatched away by the miscreants.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 19-02-2020. Charge sheet/Prosecution report in this case has already been submitted. The petitioner is not named in the FIR. His name transpired in this case on the basis of selfconfessional statement of the petitioner. There is no recovery of any incriminating article from possession of the petitioner. The petitioner has not been put on test identification parade to ascertain his participation in the alleged occurrence.
On behalf of the State, it is submitted that the petitioner is not named in the Complaint Case/F.I.R.
Considering the aforesaid facts and circumstances of the case, 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 learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Bettiah Muffasil (Manuapul) P.S. Case No. 63 of 2020. (Sudhir Singh, J) A.K.V.//- U T