Kundan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40442 of 2020 Arising Out of PS. Case No.-182 Year-2020 Thana- MAHUA District- Vaishali ====================================================== KUNDAN SINGH Son of Shree Ashok Singh Resident of VillageBhairokhra Tajpur, P.S.- Tajpur, District- Samastipur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anuj Kumar For the Opposite Party/s :
Mr. Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-03-2021 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner seeks regular bail in connection with Mahua Police Station Case No. 182 of 2020, registered for the offence punishable under Section 394 of the Indian Penal Code. The allegation, as per the First Information Report, is that the informant was intercepted by three unknown motorcycle borne criminals and they assaulted the informant, snatched his motorcycle, helmet and they also looted cash of Rs. 5000/- and other articles, including adhar card, driving license and one mobile set.
Learned Counsel for the petitioner submits that the petitioner is not named in the First Information Report and he has falsely been implicated in this case on the basis of
Patna High Court CR. MISC. No.40442 of 2020(3) dt.16-03-2021 2/3 confessional statement of one Vikash Kumar. He next submits that the motorcycle was recovered from co-accused Chhotu Kumar, who has been granted bail by co-ordinate Bench of this Court, vide order, dated 19.10.2020, passed in Criminal Misc. No. 26984 of 2020. He next submits that co-accused Yashbir Singh @ Yashwir Singh, whose name also transpired on the basis of confessional statement of said Vikash Kumar, has also been granted bail by co-ordinate Bench of this Court, vide order, dated 08.02.2021, passed in Criminal Misc. No. 38275 of 2020. He next submits that the petitioner has been remanded in this case from another case, being Mahua Police Station Case No. 213 of 2020. He further submits that the petitioner is in custody since 23.05.2020.
Having heard learned Counsel for the parties and taking into consideration the materials on record and the fact that similarly situated co-accused persons have been granted bail by this Court, I am inclined to grant regular bail to the petitioner.
This application is, accordingly, allowed.
Let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.40442 of 2020(3) dt.16-03-2021 3/3 learned Chief Judicial Magistrate, Vaishali, at Hajipur, in connection with Mahua Police Station Case No. 182 of 2020. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √