Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46194 of 2021 Arising Out of PS. Case No.-8 Year-2020 Thana- MOKAMAH District- Patna ====================================================== KUNDAN KUMAR S/O SRI LALU YADAV @ LALO YADAV @ SRI LALU SINGH R/o village- Chhota Hasanpur, P.S.- Khusurupur, DistrictPatna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Kumar, Adv.

For the Opposite Party/s :

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 03-03-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under section 392 of the Indian Penal Code to which sections 395 and 412 of the Indian Penal Code were added subsequently.

As per the prosecution case, about four accused persons on the point of pistol assaulted the informant and took away Rs.2 lacs besides mobile phone and other articles as mentioned in the F.I.R.

It is submitted by learned counsel for the petitioner that the F.I.R. was registered against 3-4 unknown. The name of the petitioner transpired in the confessional statement of coaccused Pawan Kumar made before police. No incriminating

Patna High Court CR. MISC. No.46194 of 2021(3) dt.03-03-2022 2/2 article has been recovered from the petitioner's possession and the petitioner has not been put on T.I. parade inspite of being in custody since 19.12.2020. Chargesheet has been submitted in the case.

The application for bail is opposed by learned A.P.P. for the State who submits that the petitioner is accused in as many as 14 cases from before.

Having heard learned counsel for the parties and taking into consideration the petitioner having remained in custody for over 1 year and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Mokama P.S. Case no.8 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate II, Barh, District Patna.

(Partha Sarthy, J) Saurabh/- U T