Kundan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33743 of 2024 Arising Out of PS. Case No.-703 Year-2019 Thana- SONEPUR District- Saran ====================================================== Kundan Kumar Son of Vidha Ray Resident of Village - Rambhadra (Chae Tola), Police Station - Hajipur, District - Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ankur Prakash Sinha, Adv.
For the Opposite Party/s :
Mr.Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-05-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Sonpur P.S. Case No. 703 of 2019 instituted for the offences under Section 392 of the Indian Penal Code.
3. As per prosecution case, while the Informant was delivering parcel to Chandan Kumar, two unknown miscreants on a motorcycle reached there. It is alleged that one of the miscreants, carrying a pistol with him, came to the Informant and snatched the bag. It is further alleged that he also assaulted the Informant with the butt of the pistol on his head and snatched Rs. 6,500/-. Thereafter,
Patna High Court CR. MISC. No.33743 of 2024(2) dt.02-05-2024 2/3 both of them fled away from there.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. The petitioner is not named in the F.I.R. and his name has surfaced in this case on the basis of confessional statement of co-accused Kunal Kumar in Bidupur P.S. Case No. 368 of 2019. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged occurrence. The petitioner has not been put to Test Identification Parade. The petitioner has one criminal antecedent and is languishing in judicial custody since 24.01.2024 without any rhymes or reason. Charge-sheet has been submitted in this case.
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the
Patna High Court CR. MISC. No.33743 of 2024(2) dt.02-05-2024 3/3 case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sonpur P.S. Case No. 703 of 2019.
(Rudra Prakash Mishra, J) rishi/- U T