Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34491 of 2022 Arising Out of PS. Case No.-43 Year-2022 Thana- PIPRAHI District- Sheohar ====================================================== KUNDAN KUMAR Son of Ram Babu Ray Resident of Village - Ambakala, P.s.- Piprahi, Distt.- Sheohar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sumit Kumar Jha For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-09-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under section 406, 420, 467, 468 read with 34 Indian Penal Code.

As per the prosecution case, two persons were sitting in the vehicle and on being asked, they told their name as Kundan Kumar and Vishal Chauhan. On search, a blue colour plastic bag was recovered from the said vehicle which was kept near the driver Kundan Kumar in which three bundles of Rs.

Patna High Court CR. MISC. No.34491 of 2022(2) dt.21-09-2022 2/3 100 notes, one bundle of Rs. 200 notes which are counterfeit, and five bundles of plain paper cut in the shape of Rs. 200 notes were recovered from the possession of the petitioner and the coaccused Vishal Chauhan and accordingly, the seizure list was prepared. On being asked, the accused persons told that they change these counterfeit notes from innocent villagers when they withdrew money from bank.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is accused in two more criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 19.02.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below, Sheohar in connection with Piprahi P.S. Case No. 43 of 2022, with following conditions:-

1. The petitioner is directed to remain physically

Patna High Court CR. MISC. No.34491 of 2022(2) dt.21-09-2022 3/3 present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

2. If the petitioner is found involved in similar nature of offence in future, the prosecution will have liberty to move for cancellation of his bail bond.

The application stands allowed.

(Chandra Prakash Singh, J) niku/- U T