Kundan Kumar Chaudhry v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41325 of 2021 Arising Out of PS. Case No.-302 Year-2020 Thana- RAGHOPUR District- Supaul ====================================================== Kundan Kumar Chaudhry, S/o Buchi Chaudhry R/o- Ganpatganj, P.S.- Raghopur, Distt.- Supaul ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shailendra Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 20-01-2022 The matter has been listed today for consideration through virtual mode.

Heard learned counsel appearing on behalf of the petitioner as well as learned Additional Public Prosecutor appearing for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. Petitioner who is in custody since 06.04.2021 seeks regular bail in connection with Raghopur P.S. Case No.302/2020 registered for the offence punishable under Section 392 of the IPC.

Prosecution case in brief, is that the accused persons named in the FIR has snatched golden locket and looted eighty thousand rupees from the possession of the informant, namely, Prabhat Kumar.

Patna High Court CR. MISC. No.41325 of 2021(2) dt.20-01-2022 2/3 Learned counsel appearing on behalf of the petitioner submits that he has not been named in the FIR. His name has been taken on the confessional statement of one coaccused in the police custody Randhir Kumar Roy, the petitioner has not been put on TIP and no recovery has been made from the conscious possession of the petitioner.

Learned APP for the State, however, opposes the prayer for grant of bail to the petitioner.

Considering the above-mentioned facts and circumstances of the case, petitioner who is in custody since 06.04.2021, nothing has been recovered from his conscious possession, till date he has not been put on TIP and there is no likelihood of trial to be concluded in near future, the petitioner above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Birpur, Supaul in connection with Raghopur P.S. Case No.302/2020, subject to the following conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall

Patna High Court CR. MISC. No.41325 of 2021(2) dt.20-01-2022 3/3 be properly represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Purnendu Singh, J) Prakash Narayan /- U T