Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38115 of 2017 Arising Out of PS.Case No. -106 Year- 2017 Thana -JANDAHA District- VAISHALI(HAJIPUR) ====================================================== Kundan Kumar, Son of Shankar Sah, resident of village + P.S.-Jandaha, District-Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Mishra, Advocate. For the Opposite Party/s : Mr. Uday Chand Prasad, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 11-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Jandaha P.S. Case No. 106 of 2017 registered under Sections 392 and 120(B) of the Indian Penal Code.

As per the prosecution case, the petitioner was an employee of the informant and he looted Rs. 6,60,000/- of his firm in association with other accused persons on the way to deposit money in the Bank.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in this case mere on suspicion. Nothing incriminating article has been recovered from the conscious physical possession of the petitioner. There is nothing in the case diary indicating complicity of the petitioner in

Patna High Court Cr.Misc. No.38115 of 2017 (2) dt.11-08-2017 2/2 the occurrence barring confessional statement of the co-accused which has no evidentiary value in the eye of law. As a matter of fact, wages of the petitioner was due to the informant and in order to grab the same, the informant has falsely implicated the petitioner in the case. He has been languishing in custody since 24.06.2017.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-XI, Vaishali at Hajipur in connection with Jandaha P.S. Case No. 106 of 2017.

(Prakash Chandra Jaiswal, J) Mishra/- U T