Kundan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31988 of 2019 Arising Out of PS. Case No.-165 Year-2019 Thana- KUDHNI District- Muzaffarpur ====================================================== 1.

Kundan Kumar Singh, aged about 25 years, Male, S/o Shambhu Singh 2.

Rama Kant Singh, aged about 28 years, Male, S/o Arun Singh, both R/o village- Rampur Horil, P.S.- Belsar O.P., District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-08-2019 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners seek bail in connection with Kudhani P.S. Case No. 165 of 2019 registered for the offences under Sections 414/34 of the Indian Penal Code.

The prosecution case in short is that during course of patrolling duty, the informant was duly informed by the Officer Incharge, Kudhani P.S. regarding presence of one stolen truck at Radha Bharat Petrol Pump at N.H.77, Balia. For verification and necessary action regarding the above said information, the informant arrived at Radha Bharat Petrol Pump and found one 12 wheeler truck being parked there and having a look of the police party two persons started fleeing away and on chase, both

Patna High Court CR. MISC. No.31988 of 2019(3) dt.28-08-2019 2/3 of them were apprehended by the police disclosing their identities as petitioners.

Learned counsel for the petitioners has submitted that the charge sheet has been submitted and there is no any criminal antecedent against these petitioners. The stolen vehicle has handed over to the owner of the vehicle.

Learned counsel for the petitioners has further submitted that the petitioners are innocent and have been falsely implicated in this case.

In the facts and circumstances of the case, let the petitioners above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of A.C.J.M.-III (West), Muzaffarpur in connection with Kudhani P.S. Case No. 165 of 2019, subject to the following conditions :

(1) On of the bailors would be close relative of the petitioners having sufficient immovable properties, who will file an affidavit stating his relationship with the petitioners.

(2) The petitioners will appear before the learned Court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of their bail bonds.

Patna High Court CR. MISC. No.31988 of 2019(3) dt.28-08-2019 3/3

(3) If the petitioners indulge in an offence of similar nature in future, the prosecution will be at liberty to move the learned Court below for cancellation of their bail bonds. (Anjani Kumar Sharan, J) Nasimul/- U T