Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41893 of 2021 Arising Out of PS. Case No.-39 Year-2021 Thana- SAKRA District- Muzaffarpur ====================================================== KUNDAN KUMAR Son of Suresh Ram Resident of Village - Madhopur, P.S.- Mushahari, District - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jyotsna Rani Mishra, Adv For the Opposite Party/s :

Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 31-01-2022 Heard Mr. Jyotsna Rani Mishra, learned counsel for the petitioner and Mr. Sanjay Kumar Sharma, Additional Public Prosecutor for the Sate through video conferencing. Petitioner seeks regular bail in connection with Sakra PS Case No. 39/2021 registered for the offence punishable under Sections 379/413/411/414 of the IPC.

As per First Information Report, the motorcycle of the informant was parked in front of his house which was being taken away by some persons and upon chase the accused persons were caught by the villagers who disclosed their names as Kundan Kumar, i.e., petitioner and Aman Kumar along with Lalu Kumar Sah.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case and no stolen

Patna High Court CR. MISC. No.41893 of 2021(2) dt.31-01-2022 2/2 motorcycle has been recovered from the possession of the petitioner. She further submits that petitioner has got no criminal antecedent and he is in custody since 16.01.2021. Charge-sheet has been submitted in the matter.

Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that the petitioner has got no criminal antecedent, he is in custody since 16.01.2021, charge-sheet has been submitted in the matter and trial is not likely to be concluded in near future due to pandemic, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, KUNDAN KUMAR be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty-five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 12th Muzaffarpur in connection with Sakra PS Case No. 39/2021.

(Anil Kumar Sinha, J) perwez U T