Patna High CourtCR. MISC./46695/2023bail granted

Kundan Kumar v. The State Of Bihar

2023-07-31Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46695 of 2023 Arising Out of PS. Case No.-800 Year-2022 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== KUNDAN KUMAR, S/O- Raj Kumar Choudhary @ Ashok Kumar Choudhary, R/O Village- Lallkhan Dargah, Chowk, P.S.- Tatarpur, Dist.- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhananjay Kumar Pandey, Adv.

For the Opposite Party/s :

Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 31-07-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner seeks regular bail in connection with Kotwali P.S. Case No. 800 of 2022 dated 11.09.2022 registered for the offence punishable under Section 379 of the Indian Penal Code.

3. The main submissions advanced by learned counsel Mr. Dhananjay Kumar Pandey appearing for the petitioner are that the instant matter relates to theft of informant's motorcycle but the petitioner had no connection to the alleged occurrence of theft, his name surfaced in the confessional statement of co-accused Bunti Kumar Jha and the FIR has been registered under Section 379 but police submitted

Patna High Court CR. MISC. No.46695 of 2023(2) dt.31-07-2023 2/2 the chargesheet under Sections 379 and 411 of the I.P.C. and the petitioner has been languishing in jail since 03.01.2023 and against him, investigation has been completed.

4. Learned APP Mr. Surendra Kumar appearing for the State has opposed the prayer for bail.

5. Having regard to the facts and circumstances of this case, considering the above submissions and mainly the completion of investigation against the petitioner as well as taking into account his custody period, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above 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 concerned Court in connection with Kotwali P.S. Case No. 800 of 2022.

(Shailendra Singh, J.) Maynaz/- U T