Kundan Sahni @ Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32466 of 2024 Arising Out of PS. Case No.-178 Year-2022 Thana- DALSINGHSARAI District- Samastipur ====================================================== Kundan Sahni @ Kundan Kumar Son of Brijmohan Sahni @ Brajmohan Sahni Resident Of Village- Bajitpur, Bambaiya, Ward No.10, P.S - Bibhutipur, Dist- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Dalsinghsarai P.S. Case No. 178 of 2022, instituted for the offences punishable under Sections 379 and 411 of the Indian Penal Code.

3. The prosecution case, in short, is that, the pick-up vehicle of the informant which was parked at his door was stolen.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No stolen vehicle has been recovered from the conscious possession of the petitioner. It is further submitted that the petitioner is not

Patna High Court CR. MISC. No.32466 of 2024(2) dt.30-04-2024 2/3 named in the F.I.R. Name of the petitioner has transpired on the basis of self-confession of the petitioner in Hasanpur P.S. Case No. 141 of 2022 which has no evidentiary value. The petitioner is in custody since 19.01.2024 and has got seven criminal antecedents in which the petitioner is on bail.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Dalsinghsarai P.S. Case No. 178 of 2022, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

Patna High Court CR. MISC. No.32466 of 2024(2) dt.30-04-2024 3/3 (III) If the petitioner is found involved in similar nature of offence in future, the Trial Court will have the liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T