Kulanand Bahardar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52937 of 2021 Arising Out of PS. Case No.-538 Year-2019 Thana- NARPATGANJ District- Araria ====================================================== KULANAND BAHARDAR, S/o HARINARAYAN BAHARDAR R/o VILLAGE-FATEHPUR, P.S-NARPATGANJ, DISTRICT-ARARIA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramesh Kumar Singh For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-02-2022 Heard the learned counsel for the petitioner and the learned APP for the State, through Video Conferencing. The petitioner seeks bail in connection with Narpatganj P.S. Case No. 538 of 2019, instituted for the offences under Section 392 of the Indian Penal Code. The learned counsel for the petitioner submits that the petitioner is in custody since 20.03.2021, charge-sheet has been submitted and has antecedent of ten cases, as mentioned in para 33 of the bail application.

The learned counsel for the petitioner further submits that prior to the present case, the petitioner had antecedent of two cases only and after institution of the present case, the petitioner came to be implicated in eight more cases based on confessional statement. The learned counsel submits that

Patna High Court CR. MISC. No.52937 of 2021(2) dt.10-02-2022 2/3 allegation is of looting Rs. 4,50,000/- from the informant along with other articles by two unknown miscreants. The learned counsel submits that the FIR is against unknown and the name of the petitioner transpired in the confessional statement of coaccused, Ranjan Yadav, who was arrested in connection with Forbesganj P.S. Case No. 824 of 2020, as such, the confessional statement made in police custody does not have any evidentiary value and the petitioner like being implicated in eight more cases got implicated in the present case again based on confessional statement.

The learned A.P.P. vehemently opposes the bail application.

Considering the fact that the petitioner is in custody since 20.03.2021, charge-sheet has been submitted and his name transpired in the confessional statement of co-accused in custody, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sri Devraj, A.C.J.M.-VI, Araria, in connection with Narpatganj P.S. Case No. 538 of 2019, with a condition that one of the bailor shall be the fatherin-law of the petitioner (Vindeshwari Mandal) and with a further

Patna High Court CR. MISC. No.52937 of 2021(2) dt.10-02-2022 3/3 condition that in the event if the petitioner comes to be implicated in any case of similar nature, the Court below will forthwith cancel his bail bond.

The application stands allowed.

[ (Satyavrat Verma, J) sanjeev/- U T