Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10304 of 2015 Arising Out of PS.Case No. -465 Year- 2012 Thana -BIHTA District- PATNA ======================================================

1. Kundan Kumar son of Sri Ramadhar Sharma resident of Village - Moriyawan, Police Station - Bikram, District - Patna. .... .... Petitioner

Versus

1. The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Rajesh Kumar For the Opposite Party : Mr. Sangita Sharma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-03-2015 Petitioner is languishing in custody since 27.08.2014 in a case registered for the offences punishable under Sections 302, 201/34 of the I.P.C.

It is alleged that husband of the informant while returning after attending Shrad was killed by some unknown persons. The First Information Report was registered against unknown. The name of the petitioner sprang up on confession of co-accused Niranjan Kumar @ Anil Kumar and Rajnish Kumar when on their confession the motorcycle alleged to have been used in crime was recovered from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that Niranjan Kumar @ Anil Kumar and Rajnish Kumar have been granted bail vide Cr. Misc. No. 22785 of 2013 and Cr. Misc. No. 26704 of 2013. Moreover the alleged

Patna High Court Cr.Misc. No.10304 of 2015 (2) dt.19-03-2015 2/2 motorcycle is registered in the name of the father of the petitioner and use of the aforesaid motorcycle in commission of the offence has surfaced in the confession of the co-accused. Subsequently the petitioner has been roped in six other cases. Considering the aforesaid facts, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Danapur, Patna in connection with Bihta P.S. Case No. 465 of 2012.

Since the petitioner has criminal antecedent, let learned Court below cancel the bail bonds of the petitioner, if the petitioner gets substantially involved in similar nature of offence or defaults for three consecutive occasions during trial. (Dinesh Kumar Singh, J) Shageer/- U T