Kundan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38547 of 2023 Arising Out of PS. Case No.-67 Year-2023 Thana- PARSA District- Saran ====================================================== KUNDAN KUMAR Son of Vinod Ram Resident of Lathariya, P.S.- Parsa, District - Saran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N.K. Agrawal, Sr. Adv along with Mr. Manaur Alam and Mr. Kumar Rajdeep, Advocates.
For the Opposite Party/s :
Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-09-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 392 of the Indian Penal Code.
3. As per prosecution case, four unknown miscreants boarded on motorcycle looted cash of Rs. 1,64,006/- from the staff of the Bharat Finance Branch, Parsa on the point of pistol.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and
Patna High Court CR. MISC. No.38547 of 2023(4) dt.20-09-2023 2/3 the same has been lodged against unknown persons. The name of the petitioner has come into light, on the basis of confessional statement of co-accused Sushil Kumar, which has got no evidentiary value in the eyes of law. Petitioner runs a CSP of Indusland Bank and the seized money, which is said to be looted amount as per recovery by the police was the money of the client the statement of the Account also suggests that the day of occurrence 15.03.2023 total of 1,28,319.64/- was deposited by the client. Nothing incriminating/looted articles have been recovered from the conscious possession of the petitioner. He further submitted that the other co-accused has already been granted bail by a Co-ordinate Bench vide order dated 07.07.2023 passed in Cr. Misc. No. 36421 of 2023. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 17.03.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand
Patna High Court CR. MISC. No.38547 of 2023(4) dt.20-09-2023 3/3 only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Parsa P.S. Case No. 67 of 2023.
(Sunil Kumar Panwar, J) arish/- U