Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35655 of 2024 Arising Out of PS. Case No.-249 Year-2023 Thana- BHAGWANPUR District- Vaishali ====================================================== Kundan Kumar Son of Shiv Chandra Thakur Resident of Village- Harishankar Maniyari, P.S- Maniyari, Dist- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 20-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in a case registered for the offence under Section 392 of the Indian Penal Code.

3. As per the prosecution case, it is a case of snatching of the informant's motorcycle bearing registration no.BR-31AW-4714 and mobile phone as well as cash of Rs.25,000/- by the accused persons including the petitioner. 4.

Learned counsel appearing on behalf of the petitioner submits that petitioner has falsely been implicated in this case. He next submits that petitioner is not named in the FIR and there is no recovery from the possession of the petitioner and no test identification parade has been done till

Patna High Court CR. MISC. No.35655 of 2024(2) dt.20-05-2024 2/2 today and petitioner is in custody since 07.11.2023. 5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and submissions made on behalf of the petitioner, let the petitioner, above named, is directed to be released on bail after framing of the charge in connection with Bhagwanpur P.S. Case No. 249 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-VI, Vaishali at Hajipur.

7. The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the above named petitioner shall be released on bail on furnishing bail bond with further condition that the petitioner has to present physically on each and every date before the Trial Court till conclusion of the trial. (Ramesh Chand Malviya, J) Brajesh Kumar/Vinayak U T