Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40114 of 2019 Arising Out of PS. Case No.-29 Year-2019 Thana- AHIYAPUR District- Muzaffarpur ====================================================== KUNDAN KUMAR Son of Ganesh Sah Resident of Village- Muradpur Dullah, Zero Mile, P.S.- Ahiyapur, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Section 395 of the Indian Penal Code. Prosecution case, in short, is that the unknown accused persons on the point of pistol looted Rs. 3 lakhs and some other articles.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 18.3.2019 Chargesheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has transpired on the basis of confession of coaccused namely Baidya Nath Sharma. There is no recovery of

Patna High Court CR. MISC. No.40114 of 2019(2) dt.02-07-2019 2/2 any incriminating articles from the possession of the petitioner. The petitioner has not been put on T.I.P.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with Ahiyapur P.S. Case No. 29/2019, G.R. No. 180/2019. (Sudhir Singh, J) Pankaj/- U T