Kundan Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.1774 of 2018 (2) dt.11-01-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1774 of 2018 Arising Out of PS.Case No. -105 Year- 2017 Thana -PASRAHA District- KHAGARIA ====================================================== Kundan Kumar, son of Sri Rajendra Prasad Yadav, resident of Village+ P.O.- Sondiha, P.S.- Pasraha, District- Khagaria. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Pramod Mishra, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 11-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 27.08.2017 in connection with Pasraha P.S. Case No. 105 of 2017 (G.R. No. 2451/2017) for the offences alleged under Section 414 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated and he is not named in the F.I.R. His name has transpired on the extra judicial confessional statement of c-accused Akhilesh Kumar @ Bardho and except this, there is no other material to connect the petitioner with the alleged occurrence. The recovery of the stolen motor cycle has admittedly been made from the house of Sahdeo Sah and Om Prakash Singh and not from the house or conscious possession of the petitioner who claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-

Patna High Court Cr.Misc. No.1774 of 2018 (2) dt.11-01-2018 (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 1st Khagaria, in connection with Pasraha P.S. Case No. 105 of 2017 (G.R. No. 2451 of 2017), on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) Md. Ibrarul/- U T